This writ petition challenging statutory provisions under the Karnataka Co-operative Societies Act as ultra vires was dismissed by the High Court of Karnataka. The court held the petition became infructuous after the petitioners undertook to file a memorandum stating that 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 29TH DAY OF JULY, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.834 OF 2020 (CS-EL/M)
BETWEEN :
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CHIKKAMAGALURU TALUK AND DISTRICT-577101
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AGED ABOUT 58 YEARS R/AT S.K.ROAD CHIKKAMAGALURU-577101
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AGED ABOUT 55 YEARS
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CHIKKAMAGALURU TALUK
AND DISTRICT-577101
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AGED ABOUT 38 YEARS R/AT M.G.ROAD CHIKKAMAGALURU -577101
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CHIKKAMAGALURU TALUK
AND DISTRICT-577101
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R/AT INDAVARA VILLAGE AND POST CHIKKAMAGALURU TALUK AND DISTRICT-577101
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AGED ABOUT 72 YEARS R/AT INDAVARA VILLAGE AND POST CHIKKAMAGALURU TALUK AND DISTRICT-577101
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CHIKKAMAGALURU TALUK AND DISTRICT-577101
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AGED ABOUT 36 YEARS R/AT HUKKUNDA VILLAGE AND POST CHIKKAMAGALURU TALUK AND DISTRICT-577101
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(BY SHRI.K.N.MOHAN, ADVOCATE)
(THROUGH VIDEO CONFERENECE)
AND :
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CHIKMAGALUR TALUK AND DISTRICT-577 113 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER …RESPONDENTS
(BY SHRI.M VINOD KUMAR, AGA FOR R1, R3 & R4; SHRI. T L KIRAN KUMAR, 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 K.N.Mohan, learned advocate for the petitioners,
Shri M.Vinod Kumar, learned AGA for the State and Shri T.L.Kiran Kumar, learned advocate for respondent No.2.
No costs.
Sd/JUDGE
AV
1 issue framed by the court
Whether the writ petition challenging Section 20(2)(a-iv) (a-v) of the Karnataka Co-operative Societies Act is infructuous due to conducted elections.
SRI. I P MOHAN KUMAR
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE M.S.BUILDING
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
