A writ petition challenging the validity of election provisions under the Karnataka Co-operative Societies Act via Articles 226 and 227 was dismissed as infructuous because elections had already been conducted.
The writ petition was dismissed as infructuous due to the conduct of elections.
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 15TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.2409/2019 (CS EL/M)
BETWEEN:
D SHIVARAJ MURTHY S/O DODDAIAH AGED ABOUT 43 YEARS MEMBERSHIP NO.13984 R/O NO.3890, 2ND MAIN, 9TH CROSS, GAYATHRINAGAR BENGALURU-560 021
...PETITIONER
(BY SRI.JAIPRAKASH REDDY M, ADVOCATE)
AND
…. RESPONDENTS
(BY SMT.NILOUFER AKBAR, AGA FOR R1-R4; R5-SERVED, UNREPRESENTED)
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) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri.Jai Prakash Reddy M, learned
advocate for the petitioner and Smt.Niloufer Akbar, learned AGA for the State.
submits that elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He has filed a memo of even date to the said effect. Memo be kept in record.
accordingly dismissed as having become infructuous.
No costs.
Sd/JUDGE
NBM
2 issues framed by the court
Whether the writ petition challenging the validity of Section 20 of the Karnataka Co-operative Societies Act should be allowed given that elections have already been conducted.
Whether the petition has become infructuous due to the conduct of elections prior to the disposal of the writ petition.
3 provisions across 2 enactments
D SHIVARAJ MURTHY
THE STATE OF KARNATAKA
CO-OPERATIVE ELECTION AUTHORITY
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
THE RETURNING OFFICER JANATHA CO OPERATIVE BANK LTD
JANATHA CO-OPERATIVE BANK LTD.
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
