Dismissed

Primary Agriculture Credit v. the State of Karnataka

Karnataka HC11 Aug 2021WP/52938/2019

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of the writ petition challenging specific sections of the Karnataka Co-operative Societies Act under Articles 226 and 227 of the Constitution, relying on the validity upholding order thereof. The petition was disposed of in similar terms as a connected matter.

What did the court decide?

Petition disposed of in terms of W.P.No.48973/2019 order dated 04.08.2021. No costs.

Primary Agriculture Credit 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 11^TH DAY OF AUGUST, 2021 BEFORE

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

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WRIT PETITION No.52938 OF 2019 (CS-EL/M)

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BETWEEN :

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1 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO BEERUVALLI K R PETE TALUK MANDYA DISTRICT-571 605

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2 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO BALLEKERE K R PETE TALUK MANDYA DISTRICT-571 426

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3 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO BANDIHOLE K R PETE TALUK MANDYA DISTRICT-571 403

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4 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO GANJIGERE K R PETE TALUK MANDYA DISTRICT-571 812

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5 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO JAINAHALLI

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K R PETE TALUK

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MANDYA DISTRICT-571 605

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6 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO MAAMBAHALLI K R PETE TALUK MANDYA DISTRICT-571 426

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7 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO ANEGOLA K R PETE TALUK MANDYA DISTRICT-571M 423

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8 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO MADAPURA K R PETE TALUK MANDYA DISTRICT-571 423

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9 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO MADUVINAKODI K R PETE TALUK MANDYA DISTRICT-571 605

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10 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY IT CEO BOOKANAKERE K R PETE TALUK MANDYA DISTRICT-571 812

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11 . PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD REPRESENTED BY ITS CEO ALAMBADI KAVAL K R PETE TALUK MANDYA DISTRICT-571 605 …PETITIONERS

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(BY SHRI.K.R.LINGARAJU, ADVOCATE)

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AND :

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1 THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M S BUILDING DR B.R. AMBEDAKR VEEDHI BENGALURU-560 001 2 THE CO OPERATIVE ELECTION AUTHORITY REPRESENTED BY ITS SECRETARY 3RD FLOOR T T M C A BLOCK SHANTHI NAGAR BENGALURU-560 027 3 DISTRICT ELECTION OFFICER AND DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES MANDYA DISTRICT MANDYA-577 133 4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES K R PETE TALUK MANDYA DISTRICT-577 133 5 THE RETURNING OFFICER AND SENIOR INSPECTOR ASSISTANT REGISTRAR OF CO OPERATIVE OFFICE PANDAVAPURA MANDYA DISTRICT-571 434. …RESPONDENTS (BY SHRI M.VINOD KUMAR, AGA FOR R1 & 3; SHRI. T.L KIRAN KUMAR, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THAT SECTION 20(2)(a)-iv) AND (a-v) THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243 Z1 AND 243Z0 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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Primary Agriculture Credit v. the State of Karnataka

Case brief

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Primary Agriculture Credit v. the State of Karnataka

Case brief

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