A writ petition filed seeking to declare certain provisions of the Karnataka Co-operative Societies Act ultra vires the Constitution was dismissed as infructuous since elections had already been conducted.
Writ petition dismissed as 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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.3132 OF 2020 (CS-EL/M)
BETWEEN :
SRI RAMACHANDRAPPA S/O LATE VENKATESWAMAPPA AGED ABOUT 60 YEARS, R/AT THIMMANAYAKANAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-563 130 …PETITIONER
(BY SHRI. MUNIYAPPA, ADVOCATE)
AND :
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THIMMANAYAKANAHALLI, KASABA HOBLI MALUR TALUK, KOLAR DISTRICT-563 130
(BY SHRI.M VINOD KUMAR, AGA FOR R1, R3, R4; SHRI. G.V. SHASHIKUMAR, ADVOCATE 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) AND (a-v) 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 PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Learned advocate for the petitioner submits that
elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He has filed a memo of even date to the said effect. Memo be kept in record.
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2. In the circumstance, this petition is dismissed
as having become infructuous.
No costs.
Sd/JUDGE
AV
Sri Ramachandrapa
State of Karnataka
Co-operative Election Commission
The Election Officer
The Returning Officer
Thimmanayakanahalli Milk Produce Co-operative Society
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
