Dismissed

Hunasakatte Prathamika v. the State of Karnataka

Karnataka HC1 Feb 2021WP/21618/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka heard a writ petition challenging the legislative competency of a provision of the Karnataka Co-operative Societies Act. The court found the petition infructuous because elections were already completed and voting rights had no further relevance.

What did the court decide?

The writ petition was dismissed as infructuous. Liberty reserved to revive the matter if advised.

Hunasakatte Prathamika 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 1^ST DAY OF FEBRUARY, 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.21618 OF 2019 (CS-EL/M)

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BETWEEN :

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HUNASAKATTE PRATHAMIKA KUSHI PATHINA SAHAKARI SANGHA HUNSEKATE CHITRADURGA TALUK REP. ITS PRESIDENT/DIRECTOR SRI. MAHANTESH K.E S/O YEKANTHAPA AGED ABOUT 52 YEARS AGRICULTURIST R/O KUNABEVU VILLAGE

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CHITRADURGA TALUK-577 201 …PETITIONER

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(BY SHRI. MUZAFFAR AHMED, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA REPRESENTED BY PRICNICPAL SECRETAWRY DEPARTMENT OF CO-OPERATIVE SOCIETIES M.S.BUILDING BANGALORE 560 001

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THE STATE CO-OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, TTMC "A" BLOCK

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SHANTINAGAR BANGALORE 560 027 REPT. BY ITS SECRETARY

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THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES

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CHITRADURGA DIST CHITRADURGA-577 201

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THE CHITRADURGA DIST. CO-OPERATIVE CENTRAL BANK D.C. OFFICE CIRCLE CHITRADURGA-577 201 REP. BY ITS MANAGING DIRECTOR

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THE DEPUTY COMMISSIONER /FEDERAL ELECTION OFFICER CHITRADURGA DIST. CENTRAL COOPERATIVE BANK CHITRADURGA-577 201

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THE ASST. COMMISIONER CHITRADURGA/ELECTION RETURNING OFFICER CHITRADURGA DIST. CENTRAL CO-OPERATIVE BANK CHITRADURGA-577 201 ...RESPONDENTS

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(BY SHRI. M. VINOD KUMAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2) (a-iv) (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES AMENDED ACT INSERTED BY ACT 3 OF 2013 WITH EFFECT FROM 11.02.2013 IS ULTRA VIRES TO THE LEGISLATIVE COMPETENCY AND ARTICLE 243Z1 AND 243ZO AND ARTICLE 14 AND 19 (1) (C) OF THE INDIAN CONSTITUTION AND ETC.,

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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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Learned advocate for the petitioner submits that members of the petitioner-society has prayed for voting rights only. Elections have been completed and nothing further survives for consideration. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He undertakes to file a memo to this effect. Once memo is received, the Registry shall keep the same in record.

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In the circumstance, this petition is dismissed for having become infructuous reserving liberty to the petitioner to revive, if so advised.

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No costs.

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Sd/JUDGE

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Hunasakatte Prathamika v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Hunasakatte Prathamika v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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