Dismissed

Sri a Manohar Rai v. the State of Karnataka

Karnataka HC20 Jan 2021WP/394/2020

Case brief

AI extract

What is this about?

Petitioners challenged the legislative competence of Section 20(2)(a-iv) and (a-v) of the Karnataka Cooperative Societies Act via writ petition. Elections were conducted post-filing. The court held the petition infructuous and dismissed it with liberty to seek revival.

What did the court decide?

Petition dismissed as infructuous since elections were conducted; liberty reserved to revive the petition.

Sri a Manohar Rai Vs the State of Karnataka — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF JANUARY 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. 394 OF 2020 (CS-EL/M)

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BETWEEN :

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Sri. A.Manohar Rai, S/o. Sri Narayana Rai, Aged about 55 years, R/at No.1-258, Anthara Guttu, Netlamundur, Neralakatte, D.K.-574253.

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Sri. Santhappa Moolya, S/o. Bhatyappa Moolya, Aged about 65 years, R/at Enaje Mane, Peraje Village, Budoli Post, Bantwala Taluk-574253

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Sri. Seetharama Gowda, S/o. Sheshappa Gowda, Aged about 78 years, R/at Alambuda Mane, Peraje Village, Budoli Post, Bantwala Taluk-574253

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Sri. Adam S/o. Baba Jon Saheb, Aged about 38 years, R/at Budoli Mane, Peraje Village,

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Budoli Post, Bantwala Taluk-574253.

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...Petitioners

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(By Sri. Aparajitha Ariga K., Advocate)

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AND :

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The State of Karnataka, By its Secretary, Department of Co-operation, M.S. Building, Bengaluru - 560001.

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The Co-operative Election Commission, 3^rd Floor, Shanthinagar, TTMC ‘A’ Block, K.H.Road, Shanthinagar, Bengaluru-20 By its Commissioner

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The Co-operative Election Authority And Election Authority for conducting election to The Primary Co-operative Societies in Bantwal Taluk-574253 Dakshina Kannada District

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The Deputy Registrar of Co-operative Societies, Mangalore Taluk, Dakshina Kannada District-575003.

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Nearalakatte Sahakari Vyavasaya Sangha Niyamitha, Neralakatte Post, Bantwal Taluk, D.K.-574253 By its Chief Executive

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The Returning Officer, Nearalakatte Sahakari Vyavasaya

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Sangha Niyamitha, Neralakatte Post, Bantwal Taluk, D.K.- 574253.

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…Respondents

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(By Smt. Niloufer Akbar, AGA, for R1, R4 and R6; Sri. G.V.Shashikumar, Advocate for R2 and R3; R5 - served)

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This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to declare that section 20(2)(a-iv) and (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.

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This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the court made the following:

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O R D E R

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Learned AGA submits that the interim order

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sought in this petition is only for voting rights.

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Elections have been conducted on 29.1.2020 and

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nothing further survives for consideration. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal.

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Her submission is placed on record. In the circumstance, this petition is dismissed as having become infructuous reserving liberty to petitioners to seek revival of the petition, if so advised.

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No costs.

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Sd/JUDGE

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ckl

Sri a Manohar Rai v. the State of Karnataka

Case brief

What is this about?

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Sri a Manohar Rai v. the State of Karnataka

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