Challenge under Articles 226 and 227 to Karnataka Cooperative Societies Act and Constitution Articles 243ZI/O regarding elections. Petition dismissed as infructuous because elections were already conducted; memo filed by petitioner to be kept in record.
None; petition dismissed as infructuous with memo to be kept in record on filing.
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.744 OF 2020 (CS-EL/M)
BETWEEN :
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R/AT HARAVU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT 571434
5. GEETHA
W/O H R NAGARAJU, AGED ABOUT 36 YEARS, MEMBER/SHARE NO132 /2, R/AT HARAVU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT 571434
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MEMBER/SHARE NO 87/3, R/AT HARAVU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT 571434
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AGED ABOUT 55 YEARS, MEMBER/SHARE NO 186/1, R/AT HARAVU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT 571434
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PANDAVAPURA TALUK, MANDYA DISTRICT 571434
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CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT 571434
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R/AT HARAVU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT 571434
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R/AT HARAVU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT 571434
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MEMBER/SHARE NO 154/1 R/AT HARAVU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT 571434
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PANDAVAPURA TALUK, MANDYA DISTRICT 571434
…PETITIONERS
(BY SHRI. RAJASHEKAR S, ADVOCATE)
AND :
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MANDYA DISTRICT 571434.
... RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1, R3, R4 AND R5 SHRI. G.V. SHASHIKUMAR, ADVOCATE FOR R2)
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
Heard Shri S.Rajashekar, learned advocate for the petitioners, Smt.Niloufer Akbar, learned AGA for the State and Shri G.V.Shashikumar, learned advocate for respondent No.2.
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Sd/-
JUDGE
Yn
1 issue framed by the court
Whether this writ petition challenging Section 20 of the Karnataka Cooperative Societies Act and Articles 243ZI and 243ZO of the Constitution should be admitted in view of the fact that elections have
2 provisions across 2 enactments
SRI H R SRINIVASAU (AND OTHERS)
THE STATE OF KARNATAKA
THE CO-OPERATIVE ELECTION AUTHORITY
DISTRICT ELECTION OFFICER
ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
THE RETURNING OFFICER
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
