Court disposed of this writ petition by relying on a prior adjacently disposed order dated 04.08.2021 regarding the validity of constitutional amendments in the Karnataka Co-operative Societies Act. No new relief was granted.
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 05TH DAY OF AUGUST, 2021
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.433/2020 (CS-EL/M)
BETWEEN:
SRI.GANGA PARAMESHWARI CO-OPERATIVE SOCIETY LTD., G M STREET PETE, MALAVALLI, MALAVALLI TALUK, MANDYA DISTRICT-571430 REPRESENTED BY ITS CEO.
... PETITIONER
(BY SRI.SANDESH.T.B., ADV.)
AND:
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…RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA FOR R1, R3 & R5 SRI.T.L.KIRAN KUMAR, ADV. FOR R2)
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.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 04.08.2021 has disposed of W.P.No.48973 of 2019 and connected matters, wherein the
validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 was challenged. While 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
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disposal of the writ petitions and all actions prior to the date of pronouncement of order shall remain undisturbed.
2. 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 .
No costs.
Sd/JUDGE
VM
SRI.GANGA PARAMESHWARI CO-OPERATIVE SOCIETY LTD.
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
THE CO-OPERATIVE ELECTION AUTHORITY
DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIEITIES MALAVALLI TALUK, MANDYA DISTRICT
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MALAVALLI TALUK, MANDYA DISTRICT
MUTTURAJ G V
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
