The High Court heard a writ petition challenging the validity of the 97th Amendment to the Constitution. The court dismissed the petition as it had become infructuous because the elections referred to therein had already been conducted.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19th DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.2379 OF 2020 (CS – EL/M)
BETWEEN:
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K R PET TALUK, KASABA HOBLI, MANDYA DISTRICT – 571 426.
…PETITIONERS
(BY SHRI.ROOPESHA B., ADVOCATE)
AND:
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NO.1, ALI ASKAR ROAD, BENGALURU – 560 052. REPRESENTED BY REGISTRAR.
…RESPONDENTS
(BY SMT.NILOUFER AKBAR, AGA FOR R1, R3 TO R6; SHRI.G.V.SHASHIKUMAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 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
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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 ORDERS, THE COURT MADE THE FOLLOWING:
ORDER
Heard Roopesha. B., learned Advocate for the Petitioners, Smt. Niloufer Akbar, learned AGA for Respondent Nos. 1, 3 to 6 and Sri G.V. Shashikumar, learned Advocate for Respondent No.2.
become infructuous.
No costs.
mbb
2 issues framed by the court
Whether the writ petition challenging the 97th Amendment to the Constitution should be allowed despite the court taking a suo motu stance on infructuousness.
Whether the 97th Amendment violates Article 368(2), basic structure, or Article 246(3) of the Constitution.
2 provisions across 1 enactments
SRI. RAMESH B R., S/O RAMEGOWDA
THE STATE OF KARNATAKA
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
