The High Court of Karnataka, while hearing a writ petition challenging the 97th Amendment, dismissed the petition as infructuous because the election had already been conducted, based on a memo filed by the petitioner's counsel.
Petition dismissed as infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
W.P. NO. 2319 OF 2019 (CS-ELE/M)
BETWEEN :
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PALACE GUTTAHALLI MALLESWARAM BENGALURU-560 003 … PETITIONERS
(BY SRI. SIDDAMALLAPPA P. M., ADV.) AND :
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(KANUNU KOSHA), OFFICE CO-OPERATIVE SOCIETIES REGISTRAR, NO.1, ALI ASKAR ROAD….. BENGALURU-560 052
(BY SRI. C. SHASHIKANTH, ASG FOR R1; SRI. MADESHWARAN C. N., AGA FOR R2 TO R5 AND R7; R6 – SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE 97TH AMENDMENT TO THE CONSTITUTION BY INSERTING PART IXB TO THE CONSTITUTION OF INDIA, IS IN VIOLATION OF ARTICLE 368[2] OF THE CONSTITUTION OF INDIA AND ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION OF INDIA AND ARTICLE 246[3] OF THE CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard Shri.Siddamallappa P.M., learned advocate for the petitioners, Shri. C.Shashikanth, learned ASG for respondent No.1 and Shri Madeshwaran C.N., learned AGA for respondent Nos.2 to 5 and 7.
No costs.
Sd/JUDGE
MH/-
1 issue framed by the court
Whether the writ petition challenging the 97th Amendment to the Constitution requires adjudication given that elections have already been conducted.
3 provisions across 1 enactments
SRI R PRADEEP S/O SRI T RAMAKRISHNA
G BYRESH
VISHAL SATHISH
K SOMASHEKHARA
UNION OF INDIA
STATE OF KARNATAKA
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
