The Court disposed of a writ petition challenging the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act by relying on a previous order upholding those provisions.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.52982 OF 2019 (CS-EL/M)
BETWEEN :
CHOWDAIAH M L R/O KOTE KUBARARA BEEDI, MALAVALLI, LF NO.200/14, MEMBERSHIP NO.3553 MEMBER PRIMARY CO-OPERATIVE AGRICULTURE AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571430 …PETITIONER (BY SHRI.M.JAI PRAKASH REDDY, ADVOCATE)
AND :
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MALAVALLI, MANDYA DISTRICT-571430. …RESPONDENTS
(BY SHRI M.VINOD KUMAR, AGA FOR R.1, 4, 5 & 7; SHRI T.L.KIRAN KUMAR, ADVOCATE FOR R.2 & 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) (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.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
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)
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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.
No costs.
Sd/JUDGE
AV
Colour shows how this judgement treated each authority
W.P.No.48973/2019 and connected mattersRelied on¶23
CHOWDAIAH M L
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION COMMISSION
THE CO-OPERATIVE ELECTION AUTHORITY
THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIED MYSURU RANGE
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
