A writ petition challenge the validity of the Karnataka Cooperative Societies Act, 1959. The court held the petition became infructuous as elections had already been conducted and dismissed it.
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 12TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION No.2392/2020 (CS-EL/M)
BETWEEN
2. RAJU
S/O KATHARA BASAVEGOWDA AGED ABOUT 60 YEARS
2
W/O MADAIAH (VODU MUGAIAH) AGED ABOUT 50 YEARS
S/O MADAIAH (VODU MUGAIAH) AGED ABOUT 48 YEARS
S/O MADAIAH (VODU MUGAIAH) AGED ABOUT 43 YEARS
3
W/O CHIKKAMADAIAHA AGED ABOUT 46 YEARS
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48. M B BOREGOWDA S/O M S BOREGOWDA AGED ABOUT 47 YEARS
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58. ANU
W/O GADEEGOWDA AGED ABOUT 45 YEARS
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19
20
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AGED ABOUT 48 YEARS
AGED ABOUT 42 YEARS S/O SHIVALINGAIAH
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ALL ARE RESIDING AT H MALLIGERE VILLAGE, DUDDA HOBLI, MANDYA TALUK AND DISTRICT.
...PETITIONERS
(BY SRI KANTHARAJU C S, ADV.)
AND
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...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1,R3-R5, SRI G.V.SHASHIKUMAR, ADV. FOR R2.)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRES OF THE CONSTITUTION OF INDIA ETC.
THIS WP COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. Kantharaju C.S., learned advocate for the petitioners, Smt. Rashmi Patel, learned HCGP for the State and Shri G.V.Shashi Kumar, learned advocate for respondent No.2.
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Once the memo is received, the Registry shall keep the same in the record.
dismissed as having become infructuous.
No costs.
Sd/JUDGE
Rsk/CT-HR
2 issues framed by the court
Whether the writ petition challenging Section 20 of the Karnataka Cooperative Societies Act, 1959 is maintainable in light of already conducted elections.
Whether the petitioners can seek declaration of ultra vires of a statute when the elections under the same provision have already taken place.
2 provisions across 2 enactments
M MADEVU AND OTHERS
THE STATE OF KARNATAKA
THE STATE CO-OPERATIVE ELECTION COMMISSION
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
