The Karnataka High Court disposed of a writ petition challenging the constitutionality of specific election provisions in the Karnataka Co-operative Societies Act, 1959, by relying on a previous order upholding their validity for future elections.
No costs. Petition disposed of in similar terms to W.P. No. 48973/2019.
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 11th DAY OF AUGUST 2021
THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR
WRIT PETITION No.987/2020 (CS-EL/M)
BETWEEN:
4 . SRI.RAMESH B.R. S/O SRI RANGASWAMY AGED ABOUT 39 YEARS R/AT BASARALU TOWN BASARALU HOBLI
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MANDYA TALUK MANDYA DISTRICT-571416.
9 . SRI KRISHNASHETTY S/O SRI VENKATARAMASHETTY AGED ABOUT 39 YEARS R/AT BASARALU TOWN BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
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10 . SRI VENKATESHA
S/O SRI NANJUNDAIAH AGED ABOUT 43 YEARS R/AT BASARALU TOWN BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
11 . SRI.B.C.YOGESHA S/O SRI CHANDRAIAH AGED ABOUT 32 YEARS R/AT BASARALU TOWN BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
12 . SMT.SAVITHRAMMA W/O SRI B.R. SRIDHAR AGED ABOUT 40 YEARS R/AT BASARALU TOWN BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
13 . SRI.B.R.SRIDHAR S/O SRI B.M.RAJU AGED ABOUT 54 YEARS R/AT BASARALU TOWN BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
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BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
16 . SRI NAGANNA S/O SRI BASARAJAPPA AGED ABOUT 48 YEARS R/AT BASARALU TOWN BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
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21 . SRI.KANTHARAJU S/O SRI RAJACHARI AGED ABOUT 38 YEARS R/AT BASARALU TOWN BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
23 . SRI.S.J.JAYARAMU S/O SRI.JAVARAPPA AGED ABOUT 44 YEARS R/AT SHYANUBOGANAHALLI TOWN BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
24 . SRI.CHANNEGOWDA S/O SRI HUCHEGOWDA AGED ABOUT 50 YEARS R/AT THIRUMALAPURA VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
25 . SRI JAVARAIAH S/O SRI MARIGOWDA AGED ABOUT 52 YEARS R/AT MANUGANAHALLI VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
26 . SRI.SIDDARAJU S/O SRI NINGAIAH AGED ABOUT 48 YEARS R/AT KODIKOPPALU VILLAGE
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BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
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33 . SRI YOGESH S/O SRI CHANNA AGED ABOUT 40 YEARS R/AT ANKUSHAPAURA BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
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BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
38 . SRI JAVAREGOWDA URUF HELAVEGOWDA S/O SRI KARIGOWDA AGED ABOUT 63 YEARS R/AT HANAGANAHALLI BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
39 . SRI MANOJ H S/O CHIKKAHONNEGOWDA AGED ABOUT 34 YEARS R/AT HANAGANAHALLI BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
40 . SMT.PREMA W/O LATE KEMPEGOWDA AGED ABOUT 34 YEARS R/AT HANAGANAHALLI BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
41 . SRI.BASAVARAJU S/O SRI MARIBOREGOWDA AGED ABOUT 38 YEARS R/AT HANAGANAHALLI VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
42 . SRI.H.K.DEVARAJU S/O LATE KEMPEGOWDA AGED ABOUT 41 YEARS R/AT HANAGANAHALLI VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
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43 . SRI.H.C.MAHADEVARADHYA S/O LATE CHANDRASHEKARAIAH AGED ABOUT 53 YEARS R/AT HANAGANAHALLI VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416. 44 . SRI.H.M.SHIVAKUMARASWAMY S/O SRI.MARIBASAVAIAH AGED ABOUT 52 YEARS R/AT HODAGHATTA VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
45 . SMT.SUSHEELAMMA W/O SRI PUTTANANJAIAH AGED ABOUT 52 YEARS R/AT NANJEGOWDANAKOPPALLU VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416. 46 . SRI.D.SHIVAKUMARA S/O DODDANANJAIAH AGED ABOUT 49 YEARS R/AT NANJEGOWDANAKOPPALLU VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
47 . PA II PUTTANNA S/O SRI BASAVAIAH AGED ABOUT 65 YEARS R/AT HODAGHATTA VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
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BASARALU HOBLI MANDYA TALUK
MANDYA DISTRICT-571416.
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54 . SRI.B.R.PRATHIPPA S/O SRI RAJEGOWDA AGED ABOUT 30 YEARS R/AT BENNAHATTI VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
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BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
60 . SRI.B.R.SURESH S/O SRI.P.RAJAPPA AGED ABOUT 59 YEARS R/AT BASARALU VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
61 . SRI.B.K.HIRIYANNA S/O SRI.H.V.KRISHNAMURTHY AGED ABOUT 45 YEARS R/AT BASARALU VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
62 . SRI.B NINGEGOWDA S/O SRI BOREGOWDA AGED ABOUT 70 YEARS R/AT VADDARAHALLI VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
63 . SRI.PRADEEPA S/O SRI SIDDEGOWDA AGED ABOUT 40 YEARS R/AT BENNAHATTI VILLAGE BASARALU HOBLI MANDYA TALUK MANDYA DISTRICT-571416.
…PETITIONERS
(BY SHRI.B.RAVINDRA PRASAD, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION
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VIDHANASOUDHA BENGALURU-560 001.
…RESPONDENTS
(BY SHRI M.VINOD KUMAR, AGA FOR R1 & R3 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) AND (A-V) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT,1959 ARE ULTRA VIRES THE CONSTITUTION OF INDIA AND ETC.,.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This Court, vide order dated 04.08.2021, has disposed of W.P.No.48973/2019 and connected matters,
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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
YN/AV
1 issue framed by the court
Whether Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 are ultra vires the Constitution of India?
Colour shows how this judgement treated each authority
W.P. No. 48973/2019 and connected mattersRelied on¶103
3 provisions across 2 enactments
SATISH KUMAR and others
STATE OF KARNATAKA
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
