Petitioners challenged Section 20 of the Karnataka Co-operative Societies Act as ultra vires. During a preliminary hearing, the court was informed that elections had been conducted and the matter was infructuous. The petition was dismissed with liberty to revive.
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 27TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.53032 OF 2019 (CS-EL/M)
BETWEEN :
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AGED ABOUT 70 YEARS R/O MASIGE
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4
AGED ABOUT 37 YEARS R/O VITALAPURA
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6
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AGE 58 YEARS R/O KANUVALLI
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9
AGE 32 YEARS R/O PADUBAILU
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CO-OPERATIVE SOCIETIES IN
CHICKMAGALURU DISTRICT-577101
(BY SHRI.M.VINOD KUMAR, AGA FOR R1, R4 & R6; SHRI. T.L.KIRAN KUMAR, ADVOCATE FOR R2 & R3)
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, ON THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Learned AGA submits that in this petition, petitioners have prayed for only voting rights. Elections have been conducted and nothing further survives for consideration. His submission is placed on record.
No costs.
Sd/JUDGE
AV
1 issue framed by the court
Whether the writ petition challenging Section 20 of the Karnataka Co-operative Societies Act should be allowed regarding voting rights.
2 provisions across 2 enactments
Jayanth I S and Others
The State of Karnataka
Co-operative Election Commission
Co-operative Election Authority
Deputy Registrar of Co-operative Societies
Halandhuru PrathamiKA Krishi Pathina Sahakara Sangha Niyamith Menase
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
