This petition challenging the constitutionality of Section 20(2)(a) of the Karnataka Co-operative Societies Act was dismissed as infructuous because elections had already been conducted.
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.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF FEBRUARY, 2021
BEFORE
THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR
W.P. NO.828 OF 2020 (CS-EL/M)
BETWEEN :
2
S/O JAGADEESH H M AGED ABOUT 39 YEARS R/O EDURU
3
4
5
AGED ABOUT 46 YEARS R/O IDAKANI
6
7
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, A.G.A. FOR R1, R4 & R6; SRI. G.V.SHASHIKUMAR, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT SECTION 20(2)(a-iv) (a-v) THE KARNATAKA COOPERATIVE 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. Jai Prakash Reddy, learned Advocate for the petitioner, Smt. Niloufer Akbar, learned AGA for the State and Shri.G.V.Shashi Kumar, learned advocate for respondents No.2 and 3.
8
submits that elections have already been conducted. Therefore, this petition is rendered infructuous and accordingly prayed for its dismissal. He has filed a memo of even date to the said effect. Memo be kept in record.
having become infructuous.
No costs.
Sd/JUDGE
hnm
1 issue framed by the court
Whether the writ petition challenging the constitutionality of Section 20(2)(a) of the Karnataka Co-operative Societies Act should be admitted or dismissed.
2 provisions across 2 enactments
Vincent Monis and others
The State of Karnataka
The Cooperative Election Commission
The Cooperative Election Authority
The Deputy Registrar of Cooperative Societies
The Idikini Primary Agriculture Credit Cooperative Society
P. S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
