The High Court of Karnataka disposed of a writ petition challenging the validity of Section 20(2)(a-iv)(a-v) of the Karnataka Co-operative Societies Act, 1959, by referencing a prior order upholding the provision's validity.
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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DATED THIS THE 10TH DAY OF AUGUST, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO. 887 OF 2020 (CS-EL/M)
BETWEEN:
R. KRISHNAPPA S/O RAMAPPA AGED ABOUT 50 YEARS R/O AJJAMPURA, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT – 577 547.
... PETITIONER
(BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)
AND:
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... RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP 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-iv)(a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLES 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
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.
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No costs.
Sd/JUDGE
SV
1 issue framed by the court
Whether Section 20(2)(a-iv)(a-v) of the Karnataka Co-operative Societies Act is ultra vires legislative competence and Articles 243ZI and 243ZO of the Constitution
4 provisions across 2 enactments
R. Krishnappa
State of Karnataka
State Co-operative Election Commission
Deputy Registrar of Co-operative Societies
Returning Officer Primary Agricultural Credit Co-op Society
Primary Agricultural Credit Co-operative Society (R)
P.S.Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
