A writ petition challenging the ultra vires nature of Section 20(2)(a-iv)(a-v) of the Karnataka Co-operative Societies Act and Articles 243Z1, 243ZO of the Constitution was dismissed for being infructuous because elections had already been conducted.
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 5TH DAY OF JANUARY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.636 OF 2020 (CS-EL/M)
BETWEEN :
R. GANGAIAH S/O RANGAPPA AGED ABOUT 69 YEARS MEMBERSHIP NO.59 R/O NO.28, MUTHAIAHNAPALYA MAGADI TALUK RAMANAGRA DISTRICT …PETITIONER
(BY SHRI. M. JAI PRAKASH REDDY, ADVOCATE)
AND :
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(BY SMT. NILOUFER AKBAR, AGA FOR R1, R4 & R6; SHRI. G.V. SHASHIKUMAR, ADVOCATE FOR R2 & R3' R5 IS SERVED)
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 243Z1 AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri M.Jai Prakash Reddy, learned advocate for the petitioners, Smt.Nioufer Akbar, learned AGA for the State and Shri G.V.Shashi Kumar, learned advocate for respondents No. 2 & 3.
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No costs.
Sd/JUDGE
Yn.
R. GANGAIAH
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION COMMISSION
THE CO-OPERATIVE ELECTION AUTHORITY
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
THE KEMPEGOWDA NAGARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
