This petition challenged Section 20(2)(a-iv) of the Karnataka Co-operative Societies Act as unconstitutional. The Court dismissed the petition as infructuous on the ground that elections had already been conducted.
Petition dismissed as infructuous; interim application disposed of. No costs.
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 8TH DAY OF JANUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR WRIT PETITION No.482/2020(CS-EL/M)
BETWEEN
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AGED ABOUT 52 YEARS, BEEJUVALLI, MUDIGERE POST MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132
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MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132
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MUDIGERE TALUK
CHIKAMAGALUR DISTRICT - 577132
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AGED ABOUT 55 YEARS KELLURU HALASE POST MMUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132
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| MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132 |
|
|---|---|
| 31. | SMT JAYAMMA |
| W/O VIJAYA | |
| AGED ABOUT 56 YEARS | |
| M G ROAD, MUDIGERE MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132 |
|
| 32. | SRI SUMANTH H G |
| S/O GOPALA GOWDA H B | |
| AGED BAOUT 32 YEARS | |
| HALASE MUDIGERE TALUK | |
| CHIKAMAGALUR DISTRICT - 577132 | |
| 33. | VISHWANATH H G |
| GOPALA GOWDA H B | |
| AGED ABOUT 34 YEARS | |
| HALASE MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132 |
|
| 34. | SRI PRAKASHCHAND JAIN |
| S/O NEMICHANDA JAIN | |
| AGED ABOUT 53 YEARS M G ROAD MUDIGERE MUDIGERE TALUK |
|
| CHIKAMAGALUR DISTRICT - 577132 | |
| 35. | SRI DINAKARA D |
| S/O DEVAPPA ACHARYA | |
| AGED ABOUT 48 YEARS | |
| BEEJUVALLI MUDIGERE POST | |
| MUDIGERE TALUK | |
| CHIKAMAGALUR DISTRICT - 577132 |
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| 41. | SRI UMESH SHETY |
|---|---|
| S/O DOMAPPA SHETTY AGED ABOUT 48 YEARS HALE MUDIGERE, MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132 |
|
| 42. | SHAHID HUSSAIN BEG |
| S/O AASMATULLA BEG AGED ABOUT 38 YEARS |
|
| K M ROAD, MUDIGERE MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132 |
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| 43. | SHIVAKUMAR K M S/O MANJUNATH K R AGED ABOUT 42 YEARS |
| KUNNAHALLI HALASE POST MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132 |
|
| 44. | SMT TANGAMMA |
| W/O GOPALA GOWDA | |
| AGED ABOUT 63 YEARS HESGAL MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132 |
|
| 45. | SRI C M GOPALA GOWDA |
| AGED ABOUT 71 YEARS S/O MANJE GOWDA HESAGAL VILLAGE MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132 |
|
| 46. | SURESH D V |
| S/O BHAIRE GOWDA | |
| AGED ABOUT 48 YEARS |
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P T ROAD MUDIGERE TALUK CHIKAMAGALUR DISTRICT - 577132
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HESAGAL, MUDIGERE TALUK, CHIKMAGALURU DISTRICT-577132.
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MUDIGERE TALUK, CHIKMAGALURU DISTRICT-577132.
67. DEVAKI
W/O NARAYANA D A, AGED ABOUT 48 YEARS, K M ROAD, MUDIGERE TALUK, CHIKMAGALURU DISTRICT-577132.
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68. SATHISHA H M
S/O MANJE GOWDA, AGED ABOUT 46 YEARS, JANNAPURA, MUDIGERE TALUK, CHIKMAGALURU DISTRICT-577132.
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KELLURU, HALASE, MUDIGERE TALUK, CHIKMAGALURU DISTRICT-577132.
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MUDIGERE TALUK, CHIKMAGALURU DISTRICT-577132.
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BAPUNAGARA, HESAGAL, MUDIGERE TALUK, CHIKMAGALURU DISTRICT-577132.
...PETITIONERS
(BY SRI SHAMANNA B H., ADVOCATE)
AND
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… RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1, R3 AND R4; SRI G.V. SHASHIKUMAR, ADVOCATE FOR R2; SRI H.P. LEELADHAR, ADVOCATE FOR IMPLEADING APPLICANT IN I.A. No.1/2020; R5-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) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
Heard Sri B.H. Shamanna, learned Advocate for
the petitioners, Smt. Niloufer Akbar, learned AGA for the State, Shri G.V.Shashikumar, learned Advocate for respondent No.2 and Sri H.P. Leeladhar, learned Advocate for impleading applicant.
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No costs.
Sd/JUDGE
SBS*
2 issues framed by the court
Whether the writ petition is maintainable after the elections have been conducted.
Whether Section 20(2)(a-iv) of the Karnataka Co-operative Societies Act is ultra vires the Legislative Competence and Articles 243ZI and 243ZO of the Constitution of India.
4 provisions across 2 enactments
SRI PRADEEP KUMAR H R
STATE OF KARNATAKA
THE STATE CO-OPERATIVE ELECTION COMMISSION
HALEMUDIGERE 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
