The High Court of Karnataka disposed of a writ petition challenging the validity of certain sections of the Karnataka Cooperative Societies Act as ultra vires the Constitution, ordering dismissal based on a prior coordinate bench decision.
Petition disposed of without 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 1ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.3639 OF 2021 (CS-EL/M)
BETWEEN:
SRI. S. N. VENKATESH, S/O S. NARAYANAPPA, AGED ABOUT 58 YEARS, R/AT BHAKTHARAHALLI VILLAGE AND POST, JANGAMAKOTE HOBLI, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT - 562 105
…PETITIONER
(BY SRI. P. ANAND, ADVOCATE)
AND:
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…RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) (a-v) OF THE KARNATAKA COOPERATIVE 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:
ORDER
This matter is disposed of in terms of the decision in
W.P.No.48973/2019 between Sri.Venkategowda Vs. The
State of Karnataka disposed of by a Co-ordinate Bench on 04.08.2021.
the petitioner is that some grounds have not been addressed by the Co-ordinate Bench and therefore, they need to be considered, in view of settled position of law that once validity of a legislation is upheld by a Co-ordinate Bench
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cannot invalidate it on some other grounds, subject to all just
exceptions.
Accordingly, petition is disposed of.
No costs.
Sd/JUDGE
DS
1 issue framed by the court
Whether section 20(2)(a-iv) (a-v) of the Karnataka Cooperative Societies Act is ultra vires the legislative competence and Article 243ZI and 243ZO of the Constitution of India.
Colour shows how this judgement treated each authority
Venkategowda Vs. The State of KarnatakaFollowed¶23
W.P.No.48973/2019 between Sri.Venkategowda Vs. The State of Karnataka
3 provisions across 2 enactments
Sri. S. N. Venkatesh
State of Karnataka
Co-operative Election Authority
Returning Officer
Horticulture Producers Co-operative Marketing and Processing Society Ltd.
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
