HIGH COURT OF KARNATAKA AT BENGALURU DATED…
Writ petition dismissed as having become infructuous.
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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BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.40 OF 2020 (CS – EL/M)
BETWEEN :
2| 17. | 3CHENNAMMA, W/O LATE SIDDAPPA, AGED ABOUT 72 YEARS, |
|---|---|
| 18. | GAYATHRI.S, D/O LATE SIDDAPPA, AGED ABOUT 52 YEARS, |
| 19. | NAGAMMA, W/O LATE N.SHIVANNA, AGED ABOUT 53 YEARS, |
| 20. | SAVITHA, W/O LATE RAMESH, AGED ABOUT 42 YEARS, |
| 21. | LAKSHMMA, W/O MARININGAPPANA NINGEGOWDA, AGED ABOUT 38 YEARS, |
| 22. | ASHOKA, S/O LATE NINGARAJU, AGED ABOUT 58 YEARS, |
| 23. | PUTTA CHELUVA, S/O LATE HELAVAIAH, AGED ABOUT 62 YEARS, |
| 24. | SAROJAMMA, W/O LATE DEVAIAH, AGED ABOUT 60 YEARS, |
| 25. | RAMADAS.K, S/O LATE KALAIAH, AGED ABOUT 30 YEARS, |
| 26. | MANJUNATH.S., S/O SIDDALINGAPPA, AGED ABOUT 55 YEARS, |
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ALL ARE R/AT BANDIPALYA VILLAGE, GANAPATHI ASHRAMA POST, MYSURU TALUK AND DISTRICT – 570 025.
... PETITIONERS
(BY SHRI.SANDESH T.B., ADVOCATE)
AND :
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POST MYSURU TALUK AND DISTRICT – 570 025.
... RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA FOR R1, R3 TO R5; SRI.G.V.SHASHIKUMAR, ADVOCATE FOR R2; R6 SERVED UNREPRESENTED)
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 AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Heard Shri.Sandesh T.B., learned advocate for
the petitioners, Shri.M.Vinod Kumar, learned AGA for the State and Shri.G.V.Shashi Kumar, learned advocate for respondent No.2.
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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. Memo is placed on record.
No costs.
Sd/JUDGE
PB
1 issue framed by the court
Whether the writ petition challenging Sections 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act is maintainable as elections have already been conducted.
NAGESH, S/O LATE NAGALINGAYYANA THAMMAIAH AND OTHERS
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION AUTHORITY
BANDIPALYA MILK PRODUCERS COOPERATIVE SOCIETY LTD.
P.S. DINESH KUMAR
As recorded by the court registry
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