Disposed

Sri Muninagaiah v. the State of Karnataka

Karnataka HC5 Aug 2021WP/3999/2020

Case brief

AI extract

What is this about?

Writ petition challenging the constitutionality of Article 243-ZO(2) under basic structure doctrine. The Court disposed of the petition in similar terms as a previous order concerning Karnataka Co-operative Societies Act provisions, without engaging in merits.

What did the court decide?

Writ petition disposed of in similar terms as the order dated 04.08.2021 in W.P. Nos. 48973 of 2019 and connected matters.

Sri Muninagaiah Vs the State of… — Constitutional and Fundamental Rights | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 05^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION No.3999/2020 (CS-EL/M)

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BETWEEN:

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SRI MUNINAGAIAH S/O KEMPARANGAIAH @ KEMPAGANGAIAH AGED ABOUT 67 YEARS SL. NO.88, MARASANDRA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203.

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SMT. LAKSHMAMMA W/O NAGANNA AGED ABOUT 07 YEARS

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SL. NO.137, MARASANDRA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203.

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SRI.V.UMESHA S/O VEERAKYATHAIAH AGED ABOUT 30 YEARS

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SL. NO.126, MARASANDRA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203.

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SRI. RAVIKUMAR S/O VEERAKYATHAIAH AGED ABOUT 28 YEARS

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SL. NO.127, MARASANDRA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203.

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SRI. MUDDANNA S/O VEERAKYATHAIAH

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AGED ABOUT 80 YEARS SL. NO.99, MARASANDRA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203.

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1. SRI RAMAKUMARASWAMY S/O MALURAIAH AGED ABOUT 30 YEARS SL. NO.128, MARASANDRA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203.

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1. SRI. K.V.JAGADEESH S/O VENKATAPPA AGED ABOUT 42 YEARS SL NO.74, KANASAVADI VILLAGE, D ODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203.

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1. SRI.G.SHANKARAPPA S/O M.GOVINDAPPA AGED ABOUT 60 EYARS SLF NO.95/6, THIMMASANDRA VILLAGE, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203. ... PETITIONERS

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(BY SRI.K.L.SREENIVAS, ADV.) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S.BUIDLING, BANGALORE-560001.

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1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY MINISTRY OF LAW AND JUSTICE 4TH FLOOR, A WING, SHASTRI BHAWAN, NEW DELHI-110001

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THE CO-OPERTIVE ELECTION COMMISSION REP. BY ITS COMMISSIONER 3RD FLOOR, SHANTHINAGAR TTMC A BLOCK, K.H.ROAD, BENGALURU-560027.

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THE RETURNING OFFICER KANASAVADI V S S N AND THE SALES OFFICER OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DODDABALLAPURA-561203.

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KANASAVADI AGRICULTURE SEVA CO-OPERATIVE SOCIETY LTD (KANASAVADI VSSN) DODDABALLAPURA TALUK, BEGNALURU RURAL DISTRICT-561203, REP BY ITS MANAGER.

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…RESPONDENTS

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(BY SMT.RASHMI PATEL, HCGP FOR R1 SRI.T.L.KIRAN KUMAR, ADV. FOR R3 SMT.IRFANA NAZEER, CGC, FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SUB CLAUSE (2) OF ARTICLE 243-ZO OF THE CONSTITUTION OF INDIA IS VIOLATIVE OF THE BASIC STRUCTURE OF THE CONSTITUTION AND IS ULTRA VIRES AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This Court, vide order dated 04.08.2021 has disposed of W.P.No.48973 of 2019 and connected matters, wherein the

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validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 was challenged. While

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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.

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In view of the said order, this petition is disposed of in similar terms as per order dated 04.08.2021 in W.P.Nos.48973 of 2019 and connected matters .

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No costs.

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Sd/JUDGE

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Sri Muninagaiah v. the State of Karnataka

Case brief

What is this about?

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Sri Muninagaiah v. the State of Karnataka

Case brief

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