Writ petition filed to strike down Sections 39A(2) and 28A(5) of Karnataka Co-operative Societies Act. Petitioner counsel submitted the petition is infructuous as the Committee's term expired. Court dismissed the petition as infructuous.
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 19TH DAY OF JANUARY, 2022
PRESENT
THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR
WRIT PETITION NO.15015/2015 (CS-EL/M)
BETWEEN:
4 . C.S.MUDLAPPA
...PETITIONERS
(BY SRI DEVI PRASAD SHETTY, ADV.)
AND:
...RESPONDENTS
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 KARNATAKA CO-OPERATIVE SOCIEITES ACT AS BEING UNCONSTITUTIONAL AND UNWORKABLE, ETC.
THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
This writ petition has been filed seeking the
following reliefs:
“a) Strike down provisions of Section 39A(2) and Section 28A(5) of Karnataka co-operative societies Act as being unconstitutional and unworkable.
b) Issue a writ in the nature of certiorari quashing Annexure D dated 31.03.2015 in No.AR35/RSR/ADMINISTRATION/2014-15 passed by the respondent no.6.
c) A writ in a nature of Mandamus or any other writ, order or direction, directing the Election Authority Respondents No.3 & 4 to hold election to the Board of Director of the respondent no.7 society forth with.
d) Such other writ or order as direction as deemed fit as circumstances of the case including an order for costs.”
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.
3. Learned Additional Government Advocate appearing
for respondent Nos.1 to 3, 5 and 6 has no objection for the same.
to be considered in some other case.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
KNM/-
2 issues framed by the court
Whether the writ petition challenging Sections 39A(2) and 28A(5) of Karnataka Co-operative Societies Act has become infructuous.
Whether the Election Committee's term has expired rendering the petition infructuous.
K.M. CHITTIAPPA
K.A.BIDDAPPA
K.P.DEVAIAHA
C.S.MUDLAPPA
STATE OF KARNATAKA
STATE CO-OPERATIVE ELECTION AUTHORITY
RITU RAJ AWASTHI
P.S.DINESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
