Disposed

Sri Roopesh Rai v. the State of Karnataka

Karnataka HC5 Aug 2021WP/2134/2020

Case brief

AI extract

What is this about?

A writ petition challenged the validity of specific sections of the Karnataka Co-operative Societies Act under constitutional grounds. The court disposed of the petition by relying on a previous order that upheld the validity of the provisions pending election.

What did the court decide?

Petition dismissed by relying on a previous order upholding the validity of the impugned Act sections.

Sri Roopesh Rai Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR

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WRIT PETITION No.2134/2020 (CS-EL/M)

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BETWEEN:

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SRI. ROOPESH RAI, S/O A RAMANNA RAI, AGED ABOUT 44 YEARS, ALIMARA HOUSE, 34 NEKKILADY VILLAGE AND POST, PUTTUR TALUK, D K DISTRICT – 574 325. MEMBERSHIP NO.8016.

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SRI.B. PRAKASH RAI, S/O B NARASINGHA RAI, AGED ABOUT 65 YEARS, NO.69, RAMA NIVASA, HIREBANDADI VILLAGE AND POST, PUTTUR TALUK, D K DISTRICT – 574 241. MEMBERSHIP NO.4013.

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... PETITIONERS

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(BY SRI.THARANATH SHETTY, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M S BUILDING, DR. B R AMBEDKAR VEEDHI, BENGALURU – 560 001. BY ITS PRINCIPAL SECRETARY.

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THE STATE CO-OPERATIVE ELECTION COMMISSION, 3^RD FLOOR, T.T.M.C. ‘A’ BLOCK, SHANTHI NAGAR, BENGALURU – 560 027. BY ITS SECRETARY. 3. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/ DISTRICT ELECTION COMMISSIONER, JANATHA BAZAR BUILDING, GANAPATHI HIGH SCHOOL ROAD, MANGALURU, D.K. DISTRICT – 575 001. 4. RETURNING OFFICER, UPPINANGADY CO-OPERATIVE AGRICULTURAL SOCIETY LTD., UPPINANGADY, D K DISTRICT – 574 241. 5. UPPINANGADY CO-OPERATIVE AGRICULTURAL SOCIETY LTD., UPPINANGADY, D K DISTRICT – 574 241. BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS

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(BY SRI.B.V.KRISHNA, AGA FOR R1; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This Court, vide order dated 04.08.2021 has disposed of W.P.No.48973 of 2019 and connected matters, wherein the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 was challenged. While upholding the validity, this Court has observed that the amended provisions of the Act namely, Section 20(2)(a-iv) and (a-v) shall be effective for elections to be held post disposal of the writ petitions and all actions prior to the date of pronouncement of order shall remain undisturbed.

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2. In view of the said order, this petition is disposed

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of in similar terms as per order dated 04.08.2021 in W.P.Nos.48973 of 2019 and connected matters .

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No costs.

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Sd/JUDGE

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Sri Roopesh Rai v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Roopesh Rai v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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