The High Court of Karnataka disposed of a writ petition challenging the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act by disposing it in similar terms to a previous order upholding validity pending elections.
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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THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION NO. 337 OF 2020 (CS,EL/M)
BETWEEN:
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| 7 . | H.S. KSHETHRAPALA |
|---|---|
| S/O H.R. SHEENAPPA NAIK AGED ABOUT 68 YEARS R/O SHANUVALLI |
|
| 8 . | B.S.CHANDRASHEKAR RAO S/O SHANKAR RAO AGED ABOUT 72 YEARS R/O BALANAKOPPA |
| 9 . | M.S. SRINIVAS S/O SHANKARAPPA HEGDE AGED ABOUT 71 YEARS R/O ATHISARA |
| 10 | . M.S. MAHESH S/O SESHEGOWDA AGED ABOUT 45 YEARS R/O KELAMALALI |
| 11 | . M. C.SUNANDA W/O MAHESH AGED ABOUT 44 YEARS R/O KELAMALALI |
| 12 | . M.K. MANJUNATHA S/O KADAPPA GOWDA AGED ABOUT 60 YEARS R/O KELAMALALI |
| 13 | . K.S. NAGAPPA GOWDA S/O SUBBE GOWDA AGED ABOUT 68 YEARS R/O KARUVANE |
| 14 | . T.S. RAMAPPA NAIK S/O SHIVAPPA NAIK AGED ABOUT 74 YEARS, R/O HASIRUKODIGE |
| 15 | . T.S. GIRIYAPPA NAIK S/O SHIVAPPA NAIK |
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AGED ABOUT 80 YEARS, R/O HASIRUKODIGE
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| 24 | . | H.D.UMASHRUNGA |
|---|---|---|
| S/O DEVENDRA | ||
| AGED ABOUT 30 YEARS, | ||
| R/O SHANUVALLI |
| 25 | . | K.B.IBRAHIM |
|---|---|---|
| S/O BUDANSAB | ||
| AGED ABOUT 59 YEARS, | ||
| R/O KALANAYAKANAKATTE |
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ALL ARE MEMBERS OF BIKKALLI PRATHAMIKA PATHINA SAHAKARA SANGHA NIYAMITHA NILUVAGILU, KOPPA TALUK, CHICKMAGALURU DISTRICT-577 120
... PETITIONERS
(BY SRI. JAI PRAKASH REDDY M, ADVOCATE)
AND:
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6 . THE RETURNING OFFICER BIKKALLI PRATHAMIKA PATHINA SAHAKARA SANGHA NIYAMITHA NILUVAGILU KOPPA TALUK, CHICKAMAGALURU DISTRICT - 577120 ... RESPONDENTS
(BY SRI. M. VINOD KUMAR, AGA FOR R1, R4 & R6; SRI. T.L. KIRAN KUMAR, ADV. FOR R2 & R3; R5 - SERVED)
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 AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
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.
No costs.
Sd/JUDGE
SV
A.G. Vijendra and others
The State of Karnataka
The Cooperative Election Commission
The Cooperative Election Authority
The Deputy Registrar of Co-operative Societies
The Bikkalli Prathamika Pathina Sahakara Sangha Niyamitha Niluvagilu
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
