Petitioners filed a writ petition challenging the legislative competence of Section 20(2)(a-iv) and a-v of the Karnataka Co-operative Societies Act. The Court held that the prayer became infructuous as elections had already been held.
Writ petition disposed of as the prayer made has become infructuous since the elections have been held.
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 29TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 16796 OF 2023 (CS-EL/M)
BETWEEN:
Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:31276 WP No. 16796 of 2023
AGED ABOUT 63 YEARS, MEMBERSHIP NO.57, ALL ARE R/AT MYLANAHALLI VILLAGE, JALA HOBLI, YELAHANKA TALUK, BANGALORE URBAN DISTRICT - 562 149.
…PETITIONERS
(BY SRI. THYAGARAJA B., ADVOCATE)
AND:
MYLANAHALLI VILLAGE, JALA HOBLI,
YELAHANKA TALUK, BANGALORE - 562 149.
…RESPONDENTS
(BY SRI. SIDHARTH BABURAO, AGA FOR R1, R3 TO R5; SRI. T. L. KIRAN KUMAR, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE SEC. 20(2)(A-IV) AND (A-V) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT IS ULTRA-VIRUS THE LEGISLATIVE COMPETENCE UNDER ARTICLE 243ZI AND 243ZO OF THE CONSTITUTION OF INDIA AND ETC.,
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.
NC: 2023:KHC:31276 WP No. 16796 of 2023
of as the prayer made in the writ petition has become
infructuous.
Sd/JUDGE
rv CT:STK
1 issue framed by the court
Whether consolidation of Section 20(2)(a-iv) and a-v of the Karnataka Co-operative Societies Act is ultra vires Article 243ZI and 243ZO of the Constitution of India.
3 provisions across 2 enactments
SRI. SHIVAPPA S/O LATE. THAMANNA
SMT. MUNIYAMMA W/O LATE. MUNIANJINAPPA
SMT. RATHNAMMA W/O LATE. GOVINDAPPA
SRI. NAGARAJA ARAS S/O LATE. NARASIMARAJU
SRI. NAGARAJA S/O LATE. VENKATARAYAPPA
THE STATE CO-OPERATIVE ELECTION COMMISSION
R DEVDAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
