Disposed
Smt B P Chaithra v. the State of Karnataka
Karnataka HCWP/450/2020
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from the order text
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
What the court decided
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HIGH COURT OF KARNATAKA AT BENGALURU DATED…
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DATED THIS THE 13TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.450/2020 (CS-EL/M)
BETWEEN
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AGED ABOUT 28 YEARS, R/AT HALEBUDANURU VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401.
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AGED ABOUT 32 YEARS, R/AT HALEBUDANURU VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401.
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AGE 38 YEARS, R/AT HALEBUDANURU VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 18. SMT. YASHODAMMA, W/O LATE KRISHNAPPA, AGE 62 YEARS, R/AT HALEBUDANURU VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 19. SRI. RAVIKUMAR, S/O SRI. LATE PUTTIMADAPPA, AGE 42 YEARS, R/AT HALEBUDANURU VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 20. SMT. NAGAMMA, W/O LATE PUTTIMADAPPA, AGE 65 YEARS, R/AT HALEBUDANURU VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. 21. SRI. B.C.CHANNAPPA, S/O LATE B T CHANDRU, AGED 42 YEARS, R/AT HALEBUDANURU VILLAGE, KASABA HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401. ...PETITIONERS (BY SRI.RAVINDRA PRASAD B., ADV.) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION,
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VIDHANA SOUDHA,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA FOR R1, R3; 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) AND (a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 ARE ULTRA VIRES THE CONSTITUTION OF INDIA; QUASH THE DISQUALIFICATION VOTER LIST PASSED BY R-4 VIDE ANNEXURE-B SO FAR CONCERN TO THE PETITIONERS ONLY.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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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 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 passed in W.P.Nos.48973 of 2019 and connected matters .
No costs.
Sd/JUDGE
VM
Colour shows how this judgement treated each authority
W.P.No.48973 of 2019Referred¶43
SMT. B. P. CHAITHRA AND OTHERS
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION AUTHORITY
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
HALLEBUDUNNURU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD.
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court