Dismissed

S K Central Co. Operative v. the State of Karnataka

Karnataka HC19 Jan 2022WP/12932/2015

Case brief

AI extract

What is this about?

The court considered a writ petition challenging the constitutionality of Sections 39A[2] and 28A[5] of the Karnataka Co-operative Societies Act, 1959 and directing elections. The court dismissed the petition as infructuous because the term of the committee had expired but left the question of validity open.

What did the court decide?

The writ petition was dismissed as infructuous. The validity of the challenged provisions is left open.

S K Central Co. Operative Vs the State of… — Pension and Retirement Benefits | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 19^TH DAY OF JANUARY, 2022

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PRESENT

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THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

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AND

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THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR

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WRIT PETITION NO.12932/2015 (CS-EL/M)

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BETWEEN:

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1 . S. K. CENTRAL CO-OPERATIVE WHOLESALE STORES LTD., MANGALORE-575001 REP. BY ITS PRESIDENT SRI. K. PRASANNA

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2 . SRI. PRASANNA, K. S/O SHANKARACHARYA BHAT AGED ABOUT 51 YEARS THE PRESIDENT S.K. CENTRAL CO-OPERATIVE WHOLESALE STORES LTD. MANGALORE-575001.

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3 . DAKSHINA KANNADA AND UDUPI DISTRICT HOPCOMS KARANGALAPADI MARKET MANGALORE-575003. REP. BY ITS PREIDENT SRI. K. LAXMINARAYANA UDUPA.

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4 . SRI. K. LAXMINARAYANA UDUPA S/O NARAYANA UDUPA AGED ABOUT 52 YEARS THE PRESIDENT DAKSHINA KANNADA AND UDUPI DISTRICT HOPCOMS KARANGALAPADY MARKET MANGALORE-575003.

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5 . DAKSHINA KANNADA

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POULTRY FARMING MULTIPURPOSE CO-OPERATIVE SOCIETY, MANGALORE-575003 REP BY ITS PRESIDENT

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SRI. DAYANANDA ADYAR

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6 . SRI. DAYANANDA ADYAR

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S/O LATE N. POOVAPPA AGED ABOUT 48 YEARS THE PRESIDENT DAKSHINA KANNADA, POULTRY FARMING MULTIPURPOSE CO-OPERATIVE SOCIETY MANGALORE-575003.

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...PETITIONERS

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(BY SRI SUYOG HERELE, ADV.)

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AND:

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1 . THE STATE OF KARNATAKA VIDHANA SOUDHA, BANGALORE-560001 REP BY ITS CHIEF SECRETARY

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2 . THE PRINCIPAL SECRETARY STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, BANGALORE-560001.

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3 . THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKER ROAD, BANGALORE-52.

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4 . THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR, T.T.M.C., 'A' BLOCK, SHANTHI NAGAR, BANGALORE-27 REP. BY ITS SECRETARY

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5 . THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIEITES/ DISTRICT ELECTION OFFICER MANGALORE-575001.

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...RESPONDENTS

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(BY SRI S.S.MAHENDRA, AGA FOR R1 TO R3 & R5; SRI M.KESHAVAREDDY, ADV. FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN PROVISIONS OF SECTION 39A[2] AND SECTION 28A[5] OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 THEREBY DECLARING THE SAME AS UNCONSTITUTIONAL, ETC.

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THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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This writ petition has been filed seeking the following reliefs:

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“a) ISSUE a writ in the nature of certiorari or any other writ and strike down provisions of Section 39A[2] and Section 28A[5] of the Karnataka Co-operative Societies Act, 1959 thereby declaring the same as unconstitutional.

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b) ISSUE a writ in a nature of Mandamus or any other writ, order or direction directing the Election Authority Respondent No.4 & 5 to hold election to the Board of Directors of the Petitioner's society forth with.

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c) ISSUE any other writ, order or direction as this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.”

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Learned counsel for the petitioners submits that the

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term of the Committee has been over and as such, the writ petition has become infructuous. However, the question of validity of the provisions under challenge may be left open to be considered in some other case.

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Learned Additional Government Advocate appearing for respondent Nos.1 to 3 and 5 has no objection for the same.

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The writ petition is, accordingly, dismissed as infructuous. The question of validity of the provisions of the Karnataka Co-operative Societies Act, 1959 is left open

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to be considered in some other case.

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Sd/CHIEF JUSTICE

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Sd/JUDGE

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KNM/-

S K Central Co. Operative v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

S K Central Co. Operative v. the State of Karnataka

Case brief

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What did the court decide?

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