The High Court of Karnataka dismissed a writ petition challenging the validity of disenfrisement provisions under the Karnataka Co-operative Societies Act, 1959, by relying on a previous order affirming the Act's validity.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.2377 OF 2020 (CS-EL/M)
BETWEEN:
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R/AT NO.159/3 2ND CROSS 2ND WARD, T.B.BADAVANE NAGAMANGALA TALUK MANDYA DISTRICT-571445
…PETITIONERS
(BY SRI. RAVINDRA PRASAD B, ADVOCATE)
AND:
...RESPONDENTS
(BY SRI M. VINOD KUMAR, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (i) DECLARE THAT SECTION 20(2)(a-iv) (a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 ARE ULTRA VIRES OF THE CONSTITUTION OF INDIA (ii) ISSUE A WRIT OF CERTIORARI TO QUASH THE DISQUALIFICATION VOTER LIST PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-B SO FAR CONCERN TO THE PETITIONERS; (iii) ISSUE A WRIT OF MANDAMUS DIRECTING THE 2, 3 AND 4TH RESPONDENTS TO INCLUDE PETITIONERS IN THE LIST OF VALID VOTERS WHILE PUBLISHING THE FINAL VALID VOTERS LIST; AND ETC.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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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 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.
No costs.
RR
Sd/JUDGE
SRI L LAKSHMAN S/O LAKKANNAGOWDA
SRI RAGHU R S/O RAJANNA
SMT.SHESHAMMA W/O G. VENKATESH
SRI RAMEGOWDA T.K S/O KEMPEGOWDA
SMT.PUSHPA K.N W/O T.K.RAMEGOWDA
THE STATE OF KARNATAKA
P.S.DINESH KUMAR
As recorded by the court registry
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