High Court of Karnataka dismissed a writ petition challenging the 97th Constitutional Amendment as infructuous because elections had already been conducted, accepting the petitioner's memo on this ground.
Writ petition dismissed as infructuous. No costs.
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.3475 OF 2021 (CS-EL/M)
BETWEEN :
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MYSURU DISTRICT-571110
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R/O NINGEGOWDANA HUNDI T NARASIPUR TALUK MYSURU DISTRICT-571110
4
5
MYSORE DISTRICT-571110 …PETITIONERS
(BY SHRI T.P.VIVEKANANDA, ADVOCATE)
AND :
2 . RETURNING OFFICER INSPECTOR OF CO OPERATIVE SOCIETIES (OFFICE OF THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES) PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED THUMBALA, T NARASIPURA TALUK MYSURU DISTRICT-571110 3 . STATE CO-OPERATIVE ELECTION AUTHORITY II FLOOR, SHANTHINAGAR BUS DEPOT SHANTHINAGAR BANGALORE-560027
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REPRESENTED BY ITS
CHIEF EXECUTIVE OFFICER …RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1, 2, 4 & 5; SHRI. G.V. SHASHIKUMAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE 97TH AMENDMENT TO THE CONSTITUTION OF INDIA INSERTING PART IXB TO THE CONSTITUTION AS VIOLATION OF ARTICLE 368(2) OF THE CONSTITUTION OF INDIA AND IS ALSO AGAINST THE BASIC STRUCTURE OF THE CONSTITUTION AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned advocate for the petitioners 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 and the same be kept in record.
having become infructuous.
No costs.
JUDGE
Sd/-
AV
1 issue framed by the court
Whether the writ petition challenging the 97th Amendment to the Constitution is maintainable when elections have already been conducted.
1 provisions across 1 enactments
Sri. Ramanjaiah S/o Nanjegowda and Others
State of Karnataka and Others
P. S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
