Writ petition challenging validity of Karnataka Co-operative Societies Act provisions was disposed of in similar terms to a connected matter, upholding the Act's validity for future elections.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION No.935 OF 2020 (CS-EL/M)
BETWEEN:
SRI.J.KARIGOWDA S/O LATE JAVAREGOWDA AGED ABOUT 59 YEARS R/AT HEBBADIHUNDI VILLAGE SRIRANGAPATNA TALUK MANDYA DISTRICT-571477
…PETITIONER
(BY SRI. P. ANAND, ADVOCATE)
AND:
2
...RESPONDENTS
(BY SRI M VINOD KUMAR, AGA FOR R1, 3 & 4; SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R-2; R5 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: (i) DECLARE THAT SECTION 20(2)(a-iv) (a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA VIRES THE LEGISLATIVE COMPETENCE AND ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA (ii) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 & 4 TO CONDUCT THE ELECTION TO THE RESPONDENT NO.5 SOCIETY FOR THE TERM 20202025 WITHOUT REFERENCE TO SECTION 20(2)(a-iv) AND (a-v) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
3
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.
No costs.
Sd/JUDGE
RR
1 provisions across 1 enactments
Sri. J. Karigowda
The State of Karnataka Department of Co-operation
The Co-operative Election Authority
The Deputy Registrar of Co-operative Societies
The Returning Officer
Hebbadihundi Primary Agriculture Credit Co-Op Society Ltd.
P.S. Dinesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court