The High Court disposed of a writ petition challenging the constitutional validity of specific provisions of the Karnataka Co-operative Societies Act. The Court stated that the matter was already disposed of on 04.08.2021.
The writ petition was disposed of in similar terms as per the order dated 04.08.2021.
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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BETWEEN:
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AGED 48 YEARS, SHARE NO.70/3
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ALL ARE MEMBERS OF MANDYA DISTRICT PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETIES EMPLOYEES, MULTIPURPOSE CO-OPERATIVE SOCIETY LTD, MANDYA, MANDYA DISTRICT-571401
...PETITIONERS
(BY SRI. SANDESH T B, ADV.)
AND:
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MANDYA SUB-DIVISION MANDYA DISTRICT - 571401.
...RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP FOR R1 & R3 TO R5 SRI.T.L.KIRAN KUMAR, ADV. 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) (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
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
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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.
of in similar terms as per order dated 04.08.2021 passed in W.P.Nos.48973 of 2019 and connected matters .
No costs.
Sd/JUDGE
VM
1 issue framed by the court
Whether Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act are ultra vires the Legislative List and Articles 243ZI and 243ZO of the Constitution.
2 provisions across 2 enactments
Members of Mandya District Primary Agriculture Credit Co-operative Societies Employees, Multipurpose Co-operative Society Ltd.
The State of Karnataka Department of Co-operation
The Co-operative Election Authority
District Election Officer and Deputy Registrar of Co-operative Societies Mysuru
Assistant Registrar of Co-operative Societies Mandya Sub-division
The Returning Officer Mandya District
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
