Challenging specific provisions of the Cooperative Societies Act as ultra vires via a writ petition. The High Court disposed of the petition as infructuous since the elections to the Board had already been conducted.
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 30TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 15424 OF 2023 (CS-EL/M)
BETWEEN:
Digitally signed by VINUTHA M Location: HIGH COURT OF KARNATAKA
RAMANAGARA DISTRICT - 562 138
RAMANAGARA DISTRICT-562138
RAMANAGARA DISTRICT - 562138.
…PETITIONERS
(BY SRI. NATARAJ BABA K, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. SIDHARTH BABURAO, AGA FOR R1 TO R3, R5 & R6; SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT DECLARING THAT CLAUSE (A-IV) AND (A-V) OF THE SUB-SEC (2) OF SEC 20 OF THE ACT AND SEC 27-A OF THE ACT ARE ULTRA VIRES OF ARTICLE 243-ZI AND 243-ZO OF THE CONSTITUTION OF INDIA AND THAT IT IS BEYOND THE LEGISLATIVE COMPETENCE OF THE STATE LEGISLATURE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The prayer made in the writ petition has become infructuous since the elections have been held to the Board of the respondent/Co-operative Society.
2. Accordingly, the writ petition stands disposed
of as the prayer made in the writ petition has become infructuous.
Sd/JUDGE
VM List No.: 3 Sl No.: 1
1 issue framed by the court
Whether the challenge to certain clauses of the Cooperative Societies Act regarding member elections is maintainable when elections have already been held.
5 provisions across 2 enactments
Shri. Somashekare Gowda and Others
The State of Karnataka and Others
R. Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
