The High Court at Bengaluru disposed of a writ petition challenging the validity of sections 20(2)(a-vi) and (a-v) of the Karnataka Co-operative Societies Act, referring to a previous order upholding the validity of similar provisions.
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DATED THIS THE 13TH DAY OF AUGUST, 2021
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR WRIT PETITION No.830/2020 (CS-EL/M)
BETWEEN
...PETITIONERS
(BY SRI.P.ANAND, ADV.)
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AND:
...RESPONDENTS
(BY SRI.M.VINOD KUMAR, AGA FOR R1, R3 & R4 SRI.T.L.KIRAN KUMAR, ADV. 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-vi) AND (a-v) OF THE KARNATAKA CO-OPEARTIVE SOCIETIES ACT IS ULTRA VIRES
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THAT LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA. THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 04.08.2021 has disposed of W.P.No.48973 of 2019 and connected matters, wherein the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 was challenged. While upholding the validity, this Court has observed that the amended provisions of the Act namely, Section 20(2)(a-iv) and (a-v) shall be effective for elections to be held post disposal of the writ petitions and all actions prior to the date of pronouncement of order shall remain undisturbed.
2. In view of the said order, this petition is disposed
of in similar terms as per order dated 04.08.2021 passed in W.P.Nos.48973 of 2019 and connected matters .
No costs.
Sd/JUDGE
VM
SRI RAVI S/O. LATE HONNEGOWDA
SRI EREGOWDA S/O. LATE MANNIPAPEGOWDA
SRI M.SIDDARAJU S/O. MARIGOWDA
SMT RAMAMMA W/O. CHIKKEGOWDA
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
THE CO OPERATIVE ELECTION AUTHORITY
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
