Disposed

Smt Shivamma v. State of Karnataka

Karnataka HC10 Aug 2021WP/2476/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of this writ petition challenging the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act under Articles 243ZI and 243ZO of the Constitution. The court disposed of the matter in terms of a previous order dated 04.08.2021 in W.P. No. 48973 of 2019, which had upheld the validity of the provisions.

What did the court decide?

The writ petition was disposed of in terms of the order dated 04.08.2021 in W.P. No.48973 of 2019, declaring the provisions valid.

Smt Shivamma Vs State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 2476 OF 2020 (CS, EL/M)

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BETWEEN:

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1 . SMT. SHIVAMMA AGED ABOUT 55 YEARS W/O. SHIVANNE GOWDA

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2 . SMT. SHRUTHI AGED ABOUT 30 YEARS W/O MALLESH

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3 . SRI MALLESH AGED ABOUT 40 YEARS S/O KARI GOWDA

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4 . SRI PRASAD AGED ABOUT 33 YEARS S/O BASAVARAJ

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5 . SMT. MANGALAMMA AGED ABOUT 45 YEARS W/O NAGARAJU

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6 . SRI MAHADEVA AGED ABOUT 34 YEARS S/O BASAVE GOWDA

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7 . SRI KENCHAPPA AGED ABOUT 52 YEARS S/O SHIVAMMA

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8 . SRI BASAVE GOWDA AGED ABOUT 52 YEARS S/O BASAMMA

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9 . SRI BASAVARAJU AGED ABOUT 38 YEARS

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S/O SIDDARAME GOWDA

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10 . SMT. KAVITHA AGED ABOUT 35 YEARS W/O GURUSWAMY

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11 . SRI BASAVE GOWDA AGED ABOUT 46 YEARS S/O BASAMMA

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12 . SMT. KALAMMA AGED ABOUT 60 YEARS W/O SIDDARAME GOWDA

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13 . SRI CHANDRA AGED ABOUT 40 YEARS S/O SIDDARAME GOWDA

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14 . SRI BASAVARAJU AGED ABOUT 40 YEARS S/O MAHADEVA

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15 . SMT. GEETHA AGED ABOUT 28 YEARS W/O VENKATARAJU

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16 . SRI NAGE GOWDA AGED ABOUT 48 YEARS S/O CHIKKABEERE GOWDA

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17 . SRI VENKATARAJU AGED ABOUT 32 YEARS S/O MARIGOWDA

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18 . SMT. SANNAMMA AGED ABOUT 48 YEARS W/O SIDDE GOWDA

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19 . SMT. SHIVAMMA AGED ABOUT 42 YEARS W/O BASAVE GOWDA

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20 . SRI SIDDALINGE GOWDA AGED ABOUT 55 YEARS S/O SIDDURE GOWDA

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21 .	SRI KURIBEERE GOWDA
	AGED ABOUT 55 YEARS S/O NINGE GOWDA
22 .	SMT. JAYAMMA AGED ABOUT 52 YEARS S/O BASAVE GOWDA
23 .	SMT. ASHAMANI AGED ABOUT 34 YEARS W/O PUTTASWAMY
24 .	SMT. SHIVAMMA AGED ABOUT 40 YEARS W/O BASAPPA
25 .	SRI SWAMY AGED ABOUT 24 YEARS S/O CHIKKANAGE GOWDA
26 .	SMT. KALAMMA
	AGED ABOUT 46 YEARS W/O MARIKUSE GOWDA
27 .	SMT. BASAMMA AGED ABOUT 45 YEARS W/O BASAVE GOWDA
28 .	SMT. MAYAMMA
	AGED ABOUT 50 YEARS
	W/O SIDDALINGE GOWDA
29 .	SMT. JAYAMMA
	AGED ABOUT 56 YEARS
	W/O BASAVE GOWDA
30 .	SMT. DODDAMMA AGED ABOUT 50 YEARS W/O CHIKKANNE GOWDA NUGEHALLI VILLAGE MYSURU-570130
31 .	SRI MARI GOWDA
	AGED ABOUT 60 YEARS S/O MARIGOWDA

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32 .	SMT. KALAMMA AGED ABOUT 50 YEARS W/O MARIGOWDA
33 .	SRI NANJUNDA AGED ABOUT 45 YEARS S/O BHOGE GOWDA
34 .	SMT. KAMALA AGED ABOUT 34 YEARS W/O NAGARAJU
35 .	SMT. PUSHPA AGED ABOUT 34 YEARS W/O SIDDARAME GOWDA
36 .	SMT. NINGAMMA AGED ABOUT 50 YEARS W/O BASAVARAJU
37 .	SRI GANESH AGED ABOUT 26 YEARS S/O BASAVARAJU
38 .	SMT. JAYAMMA AGED ABOUT 50 YEARS W/O BASAVEGOWDA
	NO.1 TO 29 & 31 ARE RESIDING AT KEREHUNDI VILLAGE JAYAPURA HOBLI MYSURU-570008
39 .	SRI SANNASWAMY AGED ABOUT 35 YEARS S/O MARIKEMPAIAH
40 .	SRI SHIVAKUMAR AGED ABOUT 43 YEARS S/O MARIKENCHAIAH
41 .	SRI RAVIKUMAR
	AGED ABOUT 43 YEARS
	S/O MARIBETTAIAH

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42	. SRI RANGASWAMY
	AGED ABOUT 36 YEARS S/O KRISHNAIAH
43	. SRI NARAYANA AGED ABOUT 26 YEARS S/O KRISHNAIAH
44	. SRI CHAMARAJU AGED ABOUT 25 YEARS S/O KARICHAMAIAH
45	. SRI BASAVARAJU AGED ABOUT 35 YEARS S/O CHIKKATHAMMAIAH
46	. SRI BASAVARAJU AGED ABOUT 40 YEARS S/O BETTAIAH
47	. SRI D.C.SHIVANNA AGED ABOUT 39 YEARS S/O BASAMMA
48	. SRI MADHU
	AGED ABOUT 30 YEARS S/O KUSANNA
49	. SRI PRASAD AGED ABOUT 32 YEARS S/O CHIKKARANGAIAH
50	. SRI SHIVANNA AGED ABOUT 38 YEARS S/O CHIKKARANGAIAH
51	. SRI NAVEENKUMAR AGED ABOUT 24 YEARS S/O BASAVARAJU
52	. SRI BASAVARAJU
	AGED ABOUT 55 YEARS S/O BETTAIAH
53	. SRI RAMESH
	AGED ABOUT 39 YEARS

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S/O RAMAIAH

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54 . SRI SIDDARAJU AGED ABOUT 49 YEARS S/O THOTASIDDAIAH

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55 . SRI MANJUNATHA AGED ABOUT 25 YEARS S/O BASAVAIAH

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56 . SRI MANOJ AGED ABOUT 19 YEARS S/O BETTAIAH

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57 . SRI MANJUNATH AGED ABOUT 38 YEARS S/O NANJUNDAIAH

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58 . SRI MANJUNATH AGED ABOUT 33 YEARS S/O PUTTABASAVAIAH

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NO.39 TO 48 ARE RESIDING AT DHANAGAHALLI VILLAGE JAYAPURA HOBLI MYSURU-560008

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... PETITIONERS

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(BY SRI. SHANTAKUMAR K C, ADVOCATE)

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AND:

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1 . STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF CO-OPERATION M.S. BUILDING, BENGALURU – 560 001.

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2 . THE CO-OPERATIVE ELECTION COMMISSION 3^RD FLOOR, SHANTHINAGAR TTMC 'A' BLOCK, K.H.ROAD, SHANTHINAGAR BENGALURU-560027 REP. BY ITS COMMISSIONER

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3 . THE CO-OPERATIVE ELECTION AUTHORITY & ELECTION AUTHORITY FOR CONDUCTING

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ELECTION TO THE PRIMARY CO-OPERATIVE SOCIETIES IN MYSORE-570024

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4 . THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE-570024 5 . THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE BANK, DHANAGALLI, MYSURU TALUK MYSORE-570008 REP. BY ITS CHIEF EXECUTIVE OFFICER 6 . THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE BANK, DHANAGALLI, MYSURU TALUK MYSURU-570008 REP. BY ITS RETURNING OFFICER 7. THE PRIMARY MYSORE TALUK PRIMARY SAHAKARA CO-OP., RURAL DEVELOPMENT BANK, MYSURU, REP. BY C.E.O. 8. THE PRIMARY MYSORE TALUK PRIMARY SAHAKARA CO-OP., RURAL DEVELOPMENT BANK, MYSURU, REP. BY ITS RETURNING OFFICER. ... RESPONDENTS

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(BY SMT. RASHMI PATEL, HCGP FOR R1 & R4; SRI. T.L. KIRAN KUMAR, ADV. FOR R2 & R3)

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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) (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.

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THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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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.

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In view of the said order, this petition is disposed of in similar terms as per order dated 04.08.2021 passed in W.P. No.48973 of 2019 and connected matters .

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No costs.

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Sd/JUDGE

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Smt Shivamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Shivamma v. State of Karnataka

Case brief

What is this about?

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