Disposed

The Chief Executive Officer v. the State of Karnataka

Karnataka HC18 Aug 2021WP/52916/2019

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959. The court ruled that the petition shall be disposed of in similar terms as per a previous order dated 04.08.2021 in W.P.No.48973/2019.

What did the court decide?

The writ petition was disposed of in similar terms as per the order of W.P.No.48973/2019 dated 04.08.2021 with no costs.

The Chief Executive Officer Vs the State of Karnataka — Cooperative Societies | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF AUGUST, 2021

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BEFORE

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THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

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WRIT PETITION No.52916 OF 2019 (CS-EL/M)

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BETWEEN :

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1 . THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., SANTHEKASALAGERE MANDYA TALUK, MANDYA DISTRICT - 571 478

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2 . THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., HULIVANA MANDYA TALUK MANDYA DISTRICT - 571 446

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3 . THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., KOTHATHI, MANDYA TALUK MANDYA DISTRICT - 571 402

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4 . THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., BELLURU NAGAMANGALA TALUK, MANDYA DISTRICT - 571 433 …PETITIONERS

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(BY SHRI.NAGESH, ADVOCATE FOR SHRI C.S.KANTHARAJU, ADVOCATE)

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AND :

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1 . THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION

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VIDHANA SOUDHA BENGALURU - 560 001

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2 . THE STATE CO-OPERATIVE ELECTION COMMISSION BY ITS COMMISSIONER, 3RD FLOOR, T.T.M.C. A BLOCK, K.H.ROAD, SHANTHINAGARA BANGALORE - 560 027

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3 . THE REGISTRAR OF CO-OPERATIVE SOCIEITIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU - 560 001

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4 . THE ELECTION OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIEITIES OPERATIVE SOCIEITIES MANDYA DISTRICT, MANDYA - 571 401

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5 . THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY MANDYA SUB-DIVISION, MANDYA - 571 401 …RESPONDENTS

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(BY SHRI M.VINOD KUMAR, AGA FOR R.1, 3, 4 & 5; SHRI T.L.KIRAN KUMAR, ADVOCATE FOR R.2)

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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 LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:

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ORDER

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This Court, vide order dated 04.08.2021 has disposed of W.P.No.48973/2019 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.

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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.No.48973/2019 and connected matters .

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No costs.

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Sd/JUDGE

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AV

The Chief Executive Officer v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

The Chief Executive Officer v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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