High Court of Karnataka dismissed a writ petition challenging the Karnataka Co-operative Societies Act as infructuous because the election had already been conducted on 14.02.2021.
The writ petition was dismissed as it became infructuous due to the conduct of the election.
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 AT BENGALURU DATED THIS THE 04TH DAY OF MARCH, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.3030 OF 2021 (CS EL/M)
BETWEEN :
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R/AT PRATHAPPA NAGARA KADESHVALYA VILLAGE POST KADESHVALYA BANTWAL TALUK D.K. DISTRICT-574 153
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BANTWAL TALUK D.K. DISTRICT-574 153
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D.K. DISTRICT-574 153
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R/AT MUNGURU HOUSE KADESHVALYA VILLAGE POST KADESHVALYA BANTWAL TALUK D.K. DISTRICT-574 153
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BANTWAL TALUK D.K. DISTRICT-574 153
D.K. DISTRICT-574 153
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R/AT DODDAJE HOUSE KADESHVALYA VILLAGE POST KADESHVALYA BANTWAL TALUK D.K. DISTRICT-574 153
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BANTWAL TALUK D.K. DISTRICT-574 153
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R/AT NETHARA HOUSE KADESHVALYA VILLAGE POST KADESHVALYA BANTWAL TALUK D.K. DISTRICT-574 153
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BANTWAL TALUK D.K. DISTRICT-574 153
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R/AT NEJINADKA HOUSE KADESHVALYA VILLAGE POST KADESHVALYA BANTWAL TALUK D.K. DISTRICT-574 153
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BANTWAL TALUK D.K. DISTRICT-574 153
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R/AT DARBE HOUSE BARIMARU VILLAGE POST BARIMARU BANTWAL TALUK D.K. DISTRICT-574 153
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BANTWAL TALUK D.K. DISTRICT-574 153
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BARIMARU VILLAGE POST BARIMARU BANTWAL TALUK
D.K. DISTRICT-574 153
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BANTWAL TALUK D.K. DISTRICT-574 153
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R/AT ANTHARAGUTHU HOUSE KADESHVALAYA VILLAGE POST KADESHVALAYA BANTWAL TALUK D.K. DISTRICT-574 153
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POST KADESHVALAYA BANTWAL TALUK D.K. DISTRICT-574 153 …PETITIONERS
(BY SHRI.VIGNESHWARA U, ADVOCATE)
AND :
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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) AND (a-v) OF KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 24 ZI AND 243 ZO OF THE CONSTITUTION OF INDIA ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. U. Vigneshwara, learned Advocate for petitioners, Smt. Rashmi Patel, learned HCGP for respondents - State and Shri. G.V. Shashi Kumar, learned Advocate for respondent No.2.
No costs.
JUDGE
Sd/-
SPS
2 issues framed by the court
Whether the writ petition challenging specific sections of the Karnataka Co-operative Societies Act should be allowed given the election was already conducted.
Whether the petition is rendered infructuous due to the completion of the election process.
2 provisions across 2 enactments
DUGGA S/O JOGI
BABU NAIKA S/O AITHU NAIKA
STATE OF KARNATAKA
THE STATE CO-OPERATIVE ELECTION COMMISSION
KADESHVALYA AGRICULTURAL CO-OPERATIVE SOCIETY LIMITED
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
