Disposed

Shivappa H v. the State of Karnataka

Karnataka HC18 Aug 2021WP/329/2020

Case brief

AI extract

What is this about?

This court disposed of the writ petition challenging the validity of certain sections of the Karnataka Co-operative Societies Act, 1959, by directing that it be decided in similar terms to a related earlier judgment passed in W.P. No. 48973/2019.

What did the court decide?

The writ petition was disposed of in similar terms to the order dated 04.08.2021 in W.P. No. 48973/2019 and connected matters. No costs.

Shivappa H Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^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.329 OF 2020 (CS-EL/M)

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BETWEEN :

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1 . SHIVAPPA H

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S/O HANUMANTHAPPA, AGED ABOUT 40 YEARS, R/O NO.178/C, NEAR WATER TANK, HOSANTHE, HIREBILAGUNJI, NEECHADI, SHIVAMOGGA DISTRICT 577431

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2 . K S PRABHAKAR S/O K SADASHIVAIAH, AGEDA BOUT 54 YEARS, R/O KEDALASARA, BHEEMANAKONE POST, SAGARA TALUK-577417, SHIVAMOGGA DISTRICT

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3 . AMRUTHESWARA B M S/O MANJANAIK, AGED ABOUT 43 YEARS, R/O HEGGATTU, HEBBARIGE, SAGARA TALUK 577417, SHIVAMOGGA DISTRICT 577431, KARNATAKA

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4 . SHEK MEER SAB S/O SHEK BUDEN SAB, AGED ABOUT 51 YEARS, S/O KOTEKOPPA, NEECHADI, SHIVAMOGGA DISTRICT 577431, KARNATAKA …PETITIONERS

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(BY SHRI.S.V.PRAKASH, ADVOCATE)

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AND :

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1 . THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-01. REPRESENTED BY ITS PRICNIPAL SECRETARY 2 . JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU DIVISION, NO.18, CHAMARAJAPETE, BENGALURU-560018 3 . DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES SHIVAMOGA DISTRICT 577201 4 . ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES SAGAR SUB-DIVISON, SAGAR 577401, SHIVAMOGGA DISTRICT 5 . THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR TTMC A BLOCK SHANTHINAGAR, BENGALURU 560027, REPRESENTED BY ITS COMMISSIONER 6 . PRATHAMIKA SAHAKARI KRUSHI MATTHU GRAMEENA ABHIVRUDHI BANKNIYAMITHA, BHEEMANAKONE REPRESENTED BY ITS CHIEF EXECUTIVE OFICER, BHEEMANAKONE SAGARA TALUK, SHIMOGGA DISTRICT 577401 …RESPONDENTS (BY SHRI M.VINOD KUMAR, AGA FOR R.1 TO 4; SHRI T.L.KIRAN KUMAR, ADVOCATE FOR R.5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

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OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT

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SECTION 20(2)(a-iv)(a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLES 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA AND ETC.,

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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.48973/2019 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.

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In view of the said order, this petition is disposed of in similar terms as per order dated

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04.08.2021 passed in W.P.No.48973/2019 and connected

matters .

No costs.

Sd/JUDGE

Shivappa H v. the State of Karnataka

Case brief

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Shivappa H v. the State of Karnataka

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