In a writ petition challenging the validity of Section 20 of the Karnataka Co-operative Societies Act under Articles 226 and 227 of the Constitution, the High Court of Karnataka dismissed the petition held to be infructuous as elections had already been conducted.
Writ petition dismissed as infructuous; no costs awarded.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2021
BEFORE
THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.869/2019 (CS EL/M)
BETWEEN:
THE ACCOUNTANT GENERAL’S OFFICE EMPLOYEES’ CO-OPERATIVE BANK LIMITED, PARK HOUSE ROAD, BENGALURU - 560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SMT. SUMA M. W/O M. ASHOK, AGED ABOUT 52 YEARS.
...PETITIONER
(BY SRI. H. SUNIL KUMAR, ADVOCATE)
AND
SOCIETIES (TOWN BANKS DIVISION), OFFICE OF THE CO-OPERATIVE SOCIETY, NO.1, ALI ASKAR ROAD BENGALURU - 560 052.
…..RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R.1 TO R.3; R.4 - SERVED AND UNREPRESENTATED)
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) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243Z1 AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri.Sunil Kumar H, learned advocate for
the petitioner and Smt.Niloufer Akbar, learned AGA for the State.
accordingly dismissed as having become infructuous.
No costs.
Sd/JUDGE
NBM
2 issues framed by the court
Whether the writ petition challenging the legislative competence of Section 20 of the Karnataka Co-operative Societies Act has become infructuous due to the completion of elections.
Whether the petitioner is entitled to a declaration that Section 20(2)(a-iv)(a-v) of the Karnataka Co-operative Societies Act is ultra vires Articles 243Z1 and 243ZO of the Constitution of India.
3 provisions across 2 enactments
THE ACCOUNTANT GENERAL'S OFFICE EMPLOYEES' CO-OPERATIVE BANK LIMITED
THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION
THE ELECTION OFFICER AND JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
THE RETURNING OFFICER
SMT. VANITHA
P.S. DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
