This writ petition challenged Section 20(2)(iii) of the Karnataka Co-operative Societies Act as unconstitutional. The High Court of Karnataka referred to a similar cognate writ petition and disposed off the current petition, granting the same relief as in the earlier case.
Petition disposed off granting the same relief as in W.P.No.48973/2019.
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, BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.2926 OF 2021(CS-EL/M)
BETWEEN:
SIDDHANT GOWDA, S/O H J RAJITH, AGED ABOUT 46 YEARS, AWATHI VILLAGE, CHIKKAMAGALUR TALUK, CHIKKAMAGALORE DISTRICT, SHARE CERTIFICATE NO.8/126.
...PETITIONER
(BY SRI. SAILESH S KATARAY, ADVOCATE)
AND:
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CHIKAMAGALURU-577 101.
REPRESENTED BY THE SECRETARY-577101
… RESPONDENTS
(BY SRI. VINOD KUMAR, AGA FOR R1,R3-R5; SRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2) (iii) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE CONSTITUTION OF INDIA AND DIRECT R-5 AND 6 TO CONDUCT ELECTIONS TO THEN MANAGEMENT OF THE 6TH RESPONDENT BANK BY INCLUDING THE NAMES OF THE PETITIONER AS VALID VOTER.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The subject matter of this writ petition is substantially similar to the one in W.P.No.48973/2019 (CS-EL/M) between SRI VENKATE GOWDA Vs. STATE OF KARANTAKA & OTHERS, disposed off by a Coordinate Bench of this Court on 04.08.2021.
cases alike and if relief is granted to a litigant it has to be
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extended to a similarly circumstanced litigants as well,
there being no derogatory circumstances.
In the above circumstances, this writ petition is also disposed off, granting the same relief to the petitioners herein as has been granted to petitioner in the cognate writ
petition.
No costs.
Sd/JUDGE
Bsv
2 issues framed by the court
Whether Section 20(2)(iii) of the Karnataka Co-operative Societies Act is ultra vires the Constitution of India.
Whether the petitioner should be included as a valid voter for elections to the management of the 6th respondent bank.
Colour shows how this judgement treated each authority
SRI VENKATE GOWDA Vs. STATE OF KARANTAKA & OTHERSRelied on¶26
W.P.No.48973/2019 (CS-EL/M) between SRI VENKATE GOWDA Vs. STATE OF KARANTAKA & OTHERS
A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARYRelied on¶27
W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY
2 provisions across 2 enactments
SIDDHANT GOWDA
STATE OF KARNATAKA
STATE CO OPERATIVE ELECTION COMMISSION
REGISTRAR OF CO OPERATIVE SOCIETIES
DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
ASSISTANT REGISTRAR AND THE RETURNING OFFICER
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
