Disposed

Gopalakrishna Rao v. the State of Karnataka

Karnataka HC5 Aug 2021WP/218/2020

Case brief

AI extract

What is this about?

Members of a primary agricultural credit co-operative society filed a writ petition challenging the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act as a preliminary hearing. The court disposed of the petition in similar terms to a connected writ petition upheld by the same court previously.

What did the court decide?

Writ petition disposed of by not allowing the proceeding to this date, by following order dated 04.08.2021 in W.P.No.48973 of 2019 and connected matters.

Gopalakrishna Rao Vs the State of Karnataka — Company and Corporate | 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.218/2020 (CS-EL/M)

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BETWEEN:

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GOPALAKRISHNA RAO S/O NAGRAJ RAO AGED ABOUT 44 YEARS

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YOGISH S/O VASU B SUVARNA AGED ABOUT 45 YEARS

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KARUNAKAR B KARKERA S/O BOGRA AMIN AGED ABOUT 56 YEARS

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SEETHARAM S KOTIAN S/O SHIV THINGALAYA AGED ABOUT 36 YEARS

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5. RAVINDRA JOGI S/O LAKSHMANA JOGI AGED ABOUT 27 YEARS

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RAGHAVENDRA ADHIKARI S/O VASUDEVA ADHIKARI AGED ABOUT 58 YEARS

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GEETHA S RAO W/O SADASHIVA RAO AGED ABOUT 61 YEARS

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8. MANJULA

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D/O NATHU POOJARY AGED ABOUT 38 YEARS

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9. SABITHA C/O NAVEEN AGED ABOUT 35 YEARS

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SONAL I SUVARNA D/O INDU SHEKAR SUVARNA AGED 22 YEARS

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MANOHAR PAI S/O VASUDEV PAI AGED 46 YEARS

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SURESH SALIAN S/O NARAYANA AGED 55 YEARS

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PREETHI W/O PREM PRAKASH PEREIRA AGED 29 YEARS

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PREM PRAKASH PEREIRA S/O PETER PEREIRA AGED 34 YEARS

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ANWAR ALI M S/O MOHAMMED AGED 42 YEARS

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JAYANTHI W/O INDU SHEKAR SUVARNA AGED 52 YEARS

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NITHIN V SHERIGAR

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NITHIN V SHERIGAR S/O VITAL T SHERIGAR AGED 34 YEARS

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VEERENDRA K S/O KRISHNA B SUVARNA AGED 35 YEARS

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HARISH ACHARYA S/O KRISHNAYYA AGED 48 YEARS

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20. VISHNU MURTHY RAO S/O SHIVARAMAYYA AGED 38 YEARS

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M. VADIRAJA ADHIKARI S/O VASUDEVA ADHIKARI AGED 61 YEARS

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JAGADEESHA SHETTY S/O SADASHIVA SHETTY AGED 46 YEARS

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HARISH ACHARYA S/O KRISHNAYA ACHARYA AGED 56 YEARS

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PRASANNA KUMAR S S/O RAMACHANDRA BHAT AGED 50 YEARS

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SUNDARA GANIGA S/PO KRISHNAYA GANIGA AGED 70 YEARS

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RAJENDRA KAMATH S/O GANAPATHI KAMATH AGED 54 YEARS

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SADHASHIVA SUVARNA S/O KRISHNA POOJARY AGED 62 YEARS

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RAJENDRA ACHARYA S/O NARAYANA ACHARYA, AGED 50 YEARS

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VIJAYALAKSHMI S/O C.DIVAKAR RAO, AGED 49 YEARS,

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KATAPADI NITHYANAND SHENOY S/O RAMANATH SHENOY, AGED 57 YEARS,

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SADASHIVA MENDON S/O MUDDAMA MENDON, AGED 59 YEARS,

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SUSHEELA W/O RAMASHETTY, AGED 70 YEARS,

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SANTHOSH S/O SHINA, AGED 38 YEARS

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JANARDHAN ACHARYA S/O VENKAPPA ACHARYA, AGED 55 YEARS,

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PRAPULLA W/O JANARDHAN ACHARYA, AGED 56 YEARS,

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RAGHAVENDRA ACHARYA S/O BABURAYA ACHARYA, AGED 46 YEARS

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K PRASAD S/O BABURAYA ACHARYA AGED 43 YEARS,

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38. K MAHESH

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S/O BABURAYA ACHARYA AGED ABOUT 40 YEARS,

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POORNIMA W/O CHIDANANDA ACHARYA AGED 43 YEARS,

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40. DHEERAJ

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S/O KESHAVA ACHARYA AGED 26 YEARS,

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VISHALA W/O KESHAVA ACHARYA AGED 54 YEARS,

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42. MALLIKA SHETTY W/O SHANKARA SHETTY AGED 47 YEARS,

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SUSHEELA W/O YOGISH ACHARYA AGED 54 YEARS,

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YASHODHA W/O DEVAIAH AGED 49 YEARS,

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RAMESH KOTIAN S/O SANJEEVA POOJARY AGED 41 YEARS,

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GAYATHRI G KAMATH W/O GOPI KRISHNA KAMATH, AGED 46 YEARS,

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GOPI KRISHNA KAMATH S/O NARASIMHA KAMATH, AGED 58 YEARS,

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SRIKANTH RAO S/O SRINIVAS ACHARYA, AGED 43 YEARS,

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SHANTHA SUVARNA W/O HARISH KANCHAN, AGED 42 YEARS,

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ASIF S/O S HAMEED, AGED 44 YEARS,

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NAGARAJ S SHETTY S/O SADANANDA SHETTY, AGED 40 YEARS,

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PUNDALIKA DEVADIGA S/O KRISHNA DEVADIGA, AGED 50 YEARS,

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SURENDRANATH G BHAT S/O GOKULADAS BHAT, AGED 48 YEARS,

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SRIDHARA POOJARY S/O NADHU POOJARY, AGED ABOUT 50 YEARS,

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YASHODHA D/O DOGRA POOJARY, AGED 59 YEARS,

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BHASKAR J POOJARY S/O GOVINDA POOJARY

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AGED 55 YEARS

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57. BABITHA W/O PRASHANTH K SUVARNA AGED 32 YEARS

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58. SURAJ S/O BOODA BANGERA AGED 26 YEARS

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59. ANANDA S/O RAMA POOJARY AGED 52 YEARS

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60. NAVEEN KOTIAN S/O LAKSHMAN POOJARY AGED 43 YEARS

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CHARAN N SHANTHI S/O NARAYANA SHANTHI AGED 38 YEARS

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DHEERAJ N SHANTHI S/O NARAYANA SHANTHI AGED 43 YEARS

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K NARAYANA SHANTHI S/O SHESHAPPA SUVARNA AGED 80 YEARS

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GANESH KUMAR KATAPADY S/O GOPALA SHETTY AGED 55 YEARS

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K YASHWANTH KAMATH S/O PURSHOTHAM KAMATH AGED 58 YEARS

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RAVI SHETTY S/O RAGHU SHETTY AGED 49 YEARS

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CHANDRAKANTHA S/O NARASIMHA PAI AGED 64 YEARS

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KAVITHA C PAI W/O CHANDRAKANTHA PAI AGED 56 YEARS

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S SHRINIVAS SHET S/O SUBRAYA SHET AGED 60 YEARS

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RATHNAKARA S/O KORAGA KARKERA AGED 50 YEARS

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SANKRI W/O KORAGA KARKERA AGED 82 YEARS

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ASHOK SHETTY S/O SHEENA SHETTY AGED 51 YEARS

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SARASWATHI W/O GOPALA AGED 57 YEARS

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NAVEEN KUMAR S/O GOPALA, AGED ABOUT 38 YEARS,

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75. GANAPATHI S/O K.SUBBA RAO, AGED ABOUT 57 YEARS,

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76. DHANUSH RAO S/O ARUNACHALA RAO, AGED ABOUT 29 YEARS,

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ARUNACHALA RAO S/O GOVARDHANA RAO AGED 66 YEARS,

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LAKSHMI SANIL W/O SANJEEV SANIL, AGED ABOUT 55 YEARS,

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VIPHULLA SHETTY W/O KARUNAKARA SHETTY, AGED ABOUT 58 YEARS,

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80. RAJESH

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S/O SHEKARA POOJARY, AGED JABOUT 38 YEARS,

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JAYASHREE ACHARYA W/O HARISH ACHARYA, AGED ABOUT 38 YEARS,

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RAGHUPATHI S/O NEELAYYA ACHARYA, AGED ABOUT 39 YEARS,

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JAGADISH SERIGAR S/O NARAYANA SERIGAR AGED ABOUT 38 YEARS,

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SHIVARAMA ACHARYA S/O BUJANGA ACHARYA AGED ABOUT 60 YEARS,

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SHANKARA B ACHARYA S/O BUJANGA ACHARYA AGED ABOUT 50 YEARS,

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86. SUNITHA SHETTY W/O GANESH SHETTY AGED ABOUT 39 YEARS,

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87. YOGESH S/O MUDDU SHETTY AGED ABOUT 50 YEARS,

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ARUN BHASKAR RAO S/O BASKAR APPU RAO AGED ABOUT 34 YEARS,

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GEETHA BASKAR W/O BASKAR A RAO AGED ABOUT 62 YEARS,

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BABY W/O DAMODHARA ACHARYA AGED ABOUT 60 YEARS,

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KRISHNA ACHARYA S/O CHANDRAYYA ACHARYA AGED ABOUT 46 YEARS,

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YOGESH SHETTY S/O MUDDU SHETTY AGED ABOUT 50 YEARS,

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93. SARASWATHI W/O RAMAPPA AGED ABOUT 62 YEARS,

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MANOHARA S/O SHEENA MARAKALA AGED ABOUT 53 YEARS

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PRASANNA SHETTY S/O AMARNATHA SHETTY AGED ABOUT 39 YEARS,

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RAVI V THINGALAYA S/O VAASU B SUVARNA AGED ABOUT 57 YEARS,

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97. VIJAY

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S/O VAASU SUVARNA AGED ABOUT 52 YEARS,

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RAMESH KANCHAN S/O KUNJURA SHRIYAN AGED ABOUT 57 YEARS,

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RAGHAVENDRA ACHARYA S/O ACHARYA AGED ABOUT 40 YEARS,

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SHEENA SHERIGAR S/O PUTTA SHERIGAR AGED ABOUT 70 YEARS,

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PETITIONER NO.1 TO 100 ARE THE MEMBERS OF PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD KATAPADI, HOSAHALLIPETE POST UDUPI TALUK AND DISTRICT-577130

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... PETITIONERS

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(BY SRI.DEVI PRASAD SHETTY, ADV.)

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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-560001 REPRESENTED BY ITS PRINCIPLE SECRETARY

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THE STATE CO OPERATIVE ELECTION COMMISSION 3RD FLOOR, TTMC A BLOCK SHANTHI NAGAR, BANGALORE -560 027 REPRESENTED BY ITS SECRETARY

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DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER RAJATADAI, ‘A’ BLOCK, 1^ST FLOOR MANIPAL, UDUPI – 576 104

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RETRUNING OFFICER PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD KATAPADI, HOSAHALLIPETE POST UDUPI TALUK AND DISTRICT-577130

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PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD KATAPADI HOSAHALLIPETE POST UDUPI TALUK AND DISTRICT-577130 REPRESENTED BY ITS CEO.

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…RESPONDENTS

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(BY SMT.RASHMI PATEL, HCGP FOR R1, R3 & R4 SRI.T.L.KIRAN KUMAR, ADV. FOR R2 SRI.PRASANNA.V.R, ADV. FOR R5)

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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 ‘B’ GROUP, 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)

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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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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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Gopalakrishna Rao v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Gopalakrishna Rao v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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