The High Court disposed of the writ petition challenging the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959. Relying on an earlier order, the Court held that the provisions remain valid for elections post-disposal, leaving prior actions undisturbed.
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 09TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.457 OF 2020 (CS-EL/M)
BETWEEN :
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KASABA HOBLI, MANDYA-571401.
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HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA-571401.
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AGE 39 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA-571401.
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AGE 37 YEARS KOMMERAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401.
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| 40. | SMT NANDINI |
|---|---|
| W/O SRI H J MANJUNATH AGE 32 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401. |
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| 41. | SRI H.C. CHANDRASHEKAR S/O SRI JAVANIMUDDAIAH AGE 49 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401. |
| 42. | SMT ROOPA |
| W/O SRI H J CHANDRASHEKAR | |
| AGE 35 YEARS HONAGANAHALLI VILLAGE, |
|
| KASABA HOBLI, | |
| MANDYA TALUK AND DISTRICT -571401. | |
| 43. | SMT. D.BHARATHI W/O SRI H P JAYARAMU AGE 30 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401. |
| 44. | SMT. H.R.VEENA |
| W/O SRI PANCHEGOWDA | |
| AGE 33 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401. |
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| 45. | SMT. K.S.BHANDAVYA |
| W/O SRI K M SOMASHEKAR | |
| AGE 25 YEARS | |
| KOMMERAHALLI VILLAGE, | |
| KASABA HOBLI, | |
| MANDYA TALUK AND DISTRICT -571401. | |
| 46. | SMT. K.S. NIVEDITHA |
| W/O SRI K M SOMASHEKAR | |
| AGE 23 YEARS | |
| KOMMERAHALLI VILLAGE, |
|
| KASABA HOBLI, | |
MANDYA TALUK AND DISTRICT -571401. |
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| 47. | SRI. H.L. NAGARAJU S/O SRI LINGEGOWDA AGE 39 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401. |
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|---|---|---|
| 48. | SMT. MANJULA W/O SRI H L NAGARAJU AGE 30 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401. |
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| 49. | SMT. RENUKA W/O SRI VIJAYKUMAR AGE 38 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401. |
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| 50. | SRI H.M.PUTTASWAMY S/O SRI NINGAIAH AGE 45 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DISTRICT -571401. |
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| 51. | SMT. SUSHMA D/O SRI H N PUTTASWAMY AGE 21 YEARS HONAGANAHALLI VILLAGE, KASABA HOBLI, |
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| MANDYA TALUK AND DISTRICT -571401 | …PETITIONERS |
(BY SHRI.RAVINDRA PRASAD B, ADVOCATE)
AND :
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| 2. | THE CO-OPERATIVE ELECTION AUTHORITY AND THE ELCTION AUTHORITY FOR CONDUCTING ELECTION TO THE MANDYA DIST CO-OPERATIVE PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, MANDYA-571401 REP. BY SECRETARY |
|---|---|
| 3. | THE DEPUTY REIGSTRAR OF CO-OPERATIVE SOCIETIES, MANDYA-571401. |
| 4. | KOMMERAHALLI PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD REP BY ITS CHIEF EXECUTIVE OFFICER HAVING ITS OFFICE AT-571401 KOMMERAHALLI VILLAGE, KASABA HOBLI, MANDYA TALUK AND DIST ... RESPONDENTS |
| (BY |
SMT. RASHMI PATEL, HCGP FOR R1 & R3; SHRI. T.L. KIRAN KUMAR, ADVOCATE FOR R2; -R4 SERVED) |
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 AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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.
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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.
No costs.
Sd/JUDGE
SPS
3 issues framed by the court
Whether the challenge under Articles 226 and 227 of the Constitution of India regarding the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 be entertained i
Whether the amended provisions of the Act shall be effective for elections to be held post disposal of the writ petitions.
The disposal of the petition in similar terms as the order dated 04.08.2021 passed in W.P. No.48973 of 2019.
Colour shows how this judgement treated each authority
W.P. No.48973 of 2019Relied on¶62
2 provisions across 2 enactments
SRI. L. RAMESH S/O SRI H.C. LINGEGOWDA AND OTHERS
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION AUTHORITY
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
KOMMERAHALLI 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
