Court disposed of a writ petition challenging the validity of Sections 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act without engaging on the merits, citing a prior order in a connected matter.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF AUGUST, 2021 BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.232 OF 2021 (CS-EL/M)
BETWEEN :
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(BY SHRI. DEVI PRASAD SHETTY, ADVOCATE)
AND :
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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 TO THE LEGISLATIVE COMPETENCE AND ARTICLE 243 ZI AND 243 ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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
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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.
disposed of in similar terms as per order dated 04.08.2021
passed in W.P. No.48973 of 2019 and connected matters .
No costs.
Sd/JUDGE
SPS
Karnataka Koli Mathu Kuri Sakaanikedarara Sahakara Sangha Niyamitha Alikunta Kolar Taluk Kolar District and others
The State of Karnataka Dept of Co-Operation
The State Cooperative Election Authority
Regional Commissioner / Election Officer
Karnataka Co-operative Poultry Federation Ltd
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
