Petitioners challenged Section 20(2) of Karnataka Co-operative Societies Act under Articles 226/227 of Constitution. Court dismissed petition as infructuous since elections were already conducted, based on advocate's submission and memo of the same date.
No costs.
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.
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No. 679 OF 2020 (CS-EL/M)
BETWEEN :
| 14 . | SRI G PRAKASH S/O GENDE GOWDA |
|---|---|
| AGED ABOUT 58 YEARS SL NO.106 SHARE KATHA NO.167 |
|
| 15 . | SMT LATHA |
| W/O SHIVARAMU | |
| AGED ABOUT 50 YEARS | |
| SL NO.155 SHARE KATHA NO.244 | |
| 16 . | SRI SHIVALINGAIAH |
| S/O CHIKKA CHANANYATHE GOWDA |
|
| AGED ABOUT 51 YEARS | |
| SL NO.32 SHARE KATHA NO.69 | |
| 17 . | SRI P RAJESH |
| S/O PUTTA LINGE GOWDA AGED ABOUT 38 YEARS |
|
| SL NO.110 SHARE KATHA NO.171 | |
| 18 . | SRI G RAJANNA S/O LATE GENDE GOWDA |
| AGED ABOUT 38 YEARS | |
| SL NO.74 SHARE KATHA NO.130 | |
| 19 . | SRI P B SUDARSHAN |
| S/O BASVE GOWDA | |
| AGED ABOUT 32 YEARS | |
| SL NO.159 SHARE KATHA NO.248 | |
| 20 . | SMT BARATHI |
| W/O SHIVALINGAIAH AGED ABOUT 35 YEARS |
|
| SL NO.202 SHARE KATHA NO.293 | |
| 21 . | SMT CHIKKATHAYAMMA W/O SHIVALINGAIAH |
| AGED ABOUT 65 YEARS | |
| SL NO.51 SHARE KATHA NO.184 |
38 . SRI N SATISH S/O NYATHE GOWDA AGED ABOUT 58 YEARS SL NO.141 SHARE KATHA NO.227
ALL ARE RESIDENTS OF PANCHE GOWDANA DODI VILLAGE KERAGODU POST, KERAGODU HOBLI MANDYA TALUK AND DISTRICT-571446 AND MEMBERS OF PANCHE GOWDANA DODDI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD
...PETITIONERS
(BY SRI. ANANDA B.V., ADVOCATE)
AND :
6 . PANCHE GOWDANA DODDI MILK PRODUCERS CO OPERATIVE SOCIETY LTD PANHCE GOWDANA DODDI VILLAGE KERAGODU POST, KERAGODU HOBLI, MANDYA TALUK AND DISTRICT-571446 REPRESENTED BY ITS SECRETARY
7 . THE RETURNING OFFICER MILK PRODUCERS CO OPERATIVE SOCIETY LTD PANCHE GOWDANA DODDI VILLAGE KERAGODU POST, KERAGODU HOBLI MANDYA TALUK AND DISTRICT-571446
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1, R3-R5 AND R7; SRI. G.V.SHASHIKUMAR, ADVOCATE FOR R2; R6- 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)(av) 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 IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
Heard Shri. B.V.Ananda, learned advocate for
the petitioners, Smt. Niloufer Akbar, learned AGA for
the State and Shri G.V.Shashi Kumar, learned advocate for respondent No.2.
date to the said effect. Memo be kept in record.
dismissed as having become infructuous.
No costs.
Sd/JUDGE
ckl
2 issues framed by the court
Whether the writ petition challenging Section 20(2)(a-iv)(av) of Karnataka Co-operative Societies Act was maintainable pending election.
Whether the petition became infructuous as elections were already conducted.
3 provisions across 2 enactments
PANCHALINGA
SIDDALINGAIAH
BASVE GOWDA
CL SHANKARE GOWDA
PK MANJU
THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
