The High Court of Karnataka dismissed a writ petition challenging Section 20(2) of the Karnataka Cooperative Societies Act as ultra vires, holding the petition infructuous because elections had already been conducted.
Petition dismissed as having become 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 JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.261 OF 2020 ( CS-EL/M)
BETWEEN:
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SEEGEHATTI, SHIVAMOGGA-577204
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B.H. ROAD, SHIVAMOGGA-577204
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6
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K.R. PURAM ROAD, SHIVAMOGGA-577204
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SOMAIAH LAYOUT, NANJUNDESHWARA FLOOR MILLS, OPP. ARAVINDA MOTORS, SHIVAMOGGA-557204
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53. T P UMESH
S/O T M PANCHAKSHARAPPA, AGED ABOUT 45 YEARS, H.SIDDAIAH ROAD, SHIVAMOGGA-577204
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SHIVAMOGGA-577204.
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68. SATISH B
S/O H N BASAVARAJAPPA, AGED ABOUT 45 YEARS,
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AKSHATHA, 4TH CROSS, GANDHI NAGARA, SHIVAMOGGA-577204
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…PETITIONERS
(BY SHRI VARUN JAYAKUMAR PATIL ADVOCATE)
And:
1 . THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, BANGALORE-560001, REPRESENTED BY ITS SECRETARY
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…RESPONDENTS
(BY SMT. RASHMI PATEL, AGA FOR R1, R2, R3 AND R6, SHRI G.V.SHASHIKUMAR, ADVOCATE FOR R-4;)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 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.,
THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri Varun Jayakumar Patil, learned Advocate for the Petitioners, Smt. Rashmi Patel, learned HCGP for Respondent Nos. 1, 2, 3 and 6 and Sri G. V. Shashi Kumar, learned Advocate for Respondent No. 4.
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Memo shall be kept in record.
become infructuous.
Sd/JUDGE
mbb
1 issue framed by the court
Whether the writ petition challenging Section 20(2) of the Karnataka Cooperative Societies Act is infructuous.
SRI ANAND C H AND OTHERS
THE STATE OF KARNATAKA
DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
