Disposed

N.Vasantha Kumar v. the State of Karnataka

Karnataka HC5 Aug 2021WP/3134/2020

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the constitutionality of sections 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act. The court deemed the petition disposed of in earlier terms, referencing a previous order on the same matter.

What did the court decide?

The petition is disposed of in similar terms as the order dated 04.08.2021 in W.P.No.48973 of 2019.

N.Vasantha Kumar Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR

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WRIT PETITION No.3134/2020 (CS-EL/M)

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BETWEEN:

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N.VASANTHA KUMAR, AGED ABOUT 57 YEARS, LATE P. NARAYANASWAMY, R/AT NO.6, NORTH ROAD, AUSTIN TOWN, VIVEKNAGAR, BENGALURU – 560 047. M NO. 10979.

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... PETITIONER

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(BY SRI.M.R.VIJAY KUMAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO- OPERATION, VIDHANA SOUDHA, BANGALORE – 560 001.

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THE STATE CO-OPERATIVE ELECTION COMMISSION, BY ITS COMMISSIONER, 3^RD FLOOR, T.T.M.C. A BLOCK, K.H. ROAD, BANGALORE – 560 027.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BANGALORE – 560 001.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, I.C.D.P, NO.1, ALI ASKAR ROAD, BANGALORE – 560 001.

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THE ASSISTANT REGISTRAR AND THE RETURNING OFFICER OF H.M.T EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD., BANGALORE – 560 103.

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H.M.T.EMPLOYEES CO-OPERATIVE HOUSE BUILDING SOCIETY LTD., JALAHALLI POST, BANGALORE – 560 013. REPRESENTED BY ITS SECRETARY.

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…RESPONDENTS

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(BY SRI.B.V.KRISHNA, AGA FOR R1; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARING THAT THE SECTION 20(2)(a-iv)(a-v) THE KARNATAKA COOPERATIVE SOCIETIES ACT IS ULTRA VIRES AND UNCONSTITUTIONAL.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This Court, vide order dated 04.08.2021 has disposed of W.P.No.48973 of 2019 and connected matters, wherein the

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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

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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.

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In view of the said order, this petition is disposed

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of in similar terms as per order dated 04.08.2021 in W.P.Nos.48973 of 2019 and connected matters .

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No costs.

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Sd/JUDGE

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N.Vasantha Kumar v. the State of Karnataka

Case brief

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N.Vasantha Kumar v. the State of Karnataka

Case brief

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