This short order disposed of a writ petition challenging the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959.
None per se; petition disposed of in terms of earlier order upholding validity of impugned provisions.
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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DATED THIS THE 12TH DAY OF AUGUST, 2021
BEFORE
BETWEEN:
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AGED ABOUT 53 YEARS VEERADEVANAPURA, KASAB AHOBLI, NANJANAGUDU TALUKU, MYSORE DISTRICT-571301.
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(BY SRI.SANDESH T B, ADV.)
AND:
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BENGALURU-01. REPRESENTED BY ITS SECRETARY
...RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP R1, R3 TO R5 SRI.T.L.KIRAN KUMAR, ADV. FOR R2)
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) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
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.
2. 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.Nos.48973 of 2019 and connected matters .
No costs.
Sd/JUDGE
VM
1 issue framed by the court
Whether Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act are ultra vires legislative competence and Articles 243ZI/243ZO of the Constitution.
2 provisions across 2 enactments
S.SHARATH and others
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
THE CO-OPERATIVE ELECTION AUTHORITY
THE RETURNING OFFICER
BHODISATVA CREDIT CO-OPERATIVE SOCIETY LTD
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
