A challenge to provisions of the Karnataka Co-operative Societies Act was disposed of in terms of an earlier coordinate-bench decision. The court declined reconsideration on additional grounds, holding that the petitioners' case fell outside the exceptions permitting a different view.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
W.P. NO.484/2020 (CS)
BETWEEN:
2
BELTHANGADY TALUK, D.K. 574109. (PETITIONER DOES NOT CLAIM BENEFIT OF SENIOR CITIZEN)
3
HOSMANE HOUSE, KUTHLURU VILLAGE AND POST, BELTHANGADY TALUK, D.K. 574109. (PETITIONER DOES NOT CLAIM BENEFIT OF SENIOR CITIZEN)
4
5
AGED ABOUT 50 YEARS MEMBERSHIP NO. 1502, SUDARSHANA NIVASA, KUTHLURU VILLAGE AND POST, BELTHANGADY TALUK, D.K. 574109.
6
BELTHANGADY TALUK, D.K. 574109.
7
OF SENIOR CITIZEN)
33. BHASKARA
S/O NONAYYA MALEKUDIYA, AGED ABOUT 30 YEARS MEMBERSHIP NO. 1713, DURGANIVASA GIRIJANA, KUTHLURU VILLAGE AND POST, BELTHANGADY TALUK, D.K. 574109.
8
9
10
11
MITTHOTTU HOUSE, KUTHLURU VILLAGE AND POST, BELTHANGADY TALUK, D.K. 574109.
12
56 . PARSHWANATH HEGDE S/O KUMARAYYA POOVANI, AGED ABOUT 49 YEARS MEMBERSHIP NO. 544, PADMAMBA HOUSE, KUTHLURU VILLAGE AND POST, BELTHANGADY TALUK, D.K. 574109.
13
14
BELTHANGADY TALUK, D.K. 574109. (PETITIONER DOES NOT CLAIM BENEFIT OF SENIOR CITIZEN)
15
S/O AKBAR SAHEB TJ, AGED ABOUT 41 YEARS MEMBERSHIP NO. 863, DARKASU HOUSE, KUTHLURU VILLAGE, BELTHANGADY TALUK, D.K. 574109.
16
BELTHANGADY TALUK, D.K. 574109.
17
S/O JOSEPH T J, AGED ABOUT 42 YEARS MEMBERSHIP NO. 343, TALANA NIKKAL HOUSE, KUTHLURU VILLAGE, BELTHANGADY TALUK, D.K. 574109.
18
BELTHANGADY TALUK D.K. 574109.
19
AGED ABOUT 56 YEARS MEMBERSHIP NO. 420, HOSAMANE, SULKERI VILLAGE, BELTHANGADY TALUK, D.K. 574109.
20
BELTHANGADY TALUK, D.K. 574109.
21
AGED ABOUT 55 YEARS MEMBERSHIP NO. 591, KOTHYARU HOUSE, SULKERI VILLAGE, BELTHANGADY TALUK, D.K. 574109.
22
AGED ABOUT 43 YEARS MEMBERSHIP NO. 1429, THULAMATTAM HOUSE, SULKERI VILLAGE, BELTHANGADY TALUK, D.K. 574109.
23
S/O DEVU POOJARY, AGED ABOUT 54 YEARS MEMBERSHIP NO. 1514, BHUTADKA HOUSE, SAVYA VILLAGE, BELTHANGADY TALUK, D.K. 574242.
24
25
26
SAVYA VILLAGE, BELTHANGADY TALUK, D.K. 574242.
134 . ISAMMA W/O MOHAMMED RFEEK, AGED ABOUT 45 YEARS MEMBERSHIP NO.1192, NELLIGUDDE HOSAMANE, SAVYA VILLAGE, BELTHANGADY TALUK, D.K. 574242.
27
MEMBERSHIP NO. 1357, ANURADHA NIVASA, SAVYA VILLAGE, BELTHANGADY TALUK, D.K. 574242.
28
MEMBERSHIP NO. 595, MEGASHRIHOTELU HOUSE, SAVYA VILLAGE, BELTHANGADY TALUK, D.K. 574242.
29
30
OF SENIOR CITIZEN)
...PETITIONERS
(BY SMT MAMATHA, ADVOCATE)
AND:
31
4. SRI. VILAS
SUPERINTENDENT CO-OPERATIVE DEPARTMENT, RETURNING OFFICER, APPOINTED FOR NARAVI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD NARAVI, BELTHANGADI TALUK, D.K. 574109.
… RESPONDENTS
(BY SRI. VINOD KUMAR, AGA FOR R1,R3 & R4; SRI. T L KIRAN KUMAR, ADVOCATE FOR R2; R5 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) AND (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.
32
THIS PETITION COMING ON FOR PRELIMINARY HEARING-, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This matter is disposed off in terms of decision in W.P.No.48973/2019 between Sri.Venkategowda Vs. The State
of Karnataka disposed off by a Co-ordinate Bench of this Court on 04.08.2021.
the petitioners is that some grounds have not been addressed by the Co-ordinate Bench and therefore, they need to be considered.
Accordingly, petition is disposed of.
Sd/JUDGE
cbc
1 issue framed by the court
Could a coordinate bench reconsider legislation already upheld merely because additional grounds had not been addressed?
Colour shows how this judgement treated each authority
Sri.Venkategowda Vs. The State of KarnatakaFollowed¶231
W.P.No.48973/2019
KARUNAKARA
STATE OF KARNATAKA DEPARTMENT OF COOPERATION
THE STATE CO-OPERATIVE ELECTION COMMISSION
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES/DISTRICT ELECTION OFFICER
VILAS
NARAVI PRIMAY AGRICULTURAL COPERATIVE SOCIETY LTD
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
