High Court of Karnataka Hears Challenge to Vires of Co-operative Society Election Provision. Writ Petitions Filed by Milk Producers' Societies Seeking to Quash Election Notice Dated 15.10.2018 and Declare Section 20(2)(A-IV) of Karnataka Co-operative Societies Act, 1959 Ultra Vires.

High Court: Karnataka High Court Bench: KALABURAGI
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Case Note & Summary

Several milk producer co-operative societies filed writ petitions under Articles 226 and 227 of the Constitution of India in the High Court of Karnataka, Kalaburagi Bench. The petitions challenged an election notice dated 15.10.2018 issued by the Returning Officer for the Gulbarga-Bidar & Yadgir Milk Producer Co-operative Society Union Ltd. and sought a declaration that Section 20(2)(A-IV) of the Karnataka Co-operative Societies Act, 1959 is ultra vires and lacks legislative competence in view of Articles 243ZI and 243ZO of the Constitution. The petitions were heard together. The available judgment text is incomplete and does not contain the court's reasoning, findings, or final decision.

Issue of Consideration

Whether Section 20(2)(A-IV) of the Karnataka Co-operative Societies Act, 1959 is ultra vires the Constitution in light of Articles 243ZI and 243ZO, and whether the election notice dated 15.10.2018 is valid.

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Case Details

2020 LawText (KAR) (03) 38

W.P.Nos.204109-113/2018 & 204142-144/2018 (and connected petitions)

2020-03-13

KRISHNA S.DIXIT

A.M. Nagaral, Jairaj K. Bukka, Sanganabasava B. Patil (for petitioners); Shivakumar Tengli, Amresh S. Roja, Beemaraya, M. Salomon Alfred, Santosh S. Gogi (for respondents)

Tadakal Woman Milk Producers Co-operative Society Ltd and Others

State of Karnataka and Others

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Nature of Litigation

Challenge to election notice and constitutional validity of a provision of Karnataka Co-operative Societies Act

Remedy Sought

Declaration that Sec.20(2)(A-IV) of Karnataka Co-operative Societies Act, 1959 is ultra vires and lacking legislative competence, and quashing the election notice dated 15.10.2018.

Filing Reason

To challenge the election process of the Milk Producers Cooperative Society Union and the legality of the provision governing such elections.

Issues

Whether Section 20(2)(A-IV) of the Karnataka Co-operative Societies Act, 1959 is ultra vires the Constitution of India. Whether the election notice dated 15.10.2018 is valid.

Procedural History

Writ petitions filed directly before the High Court under Articles 226 and 227 of the Constitution.

Acts & Sections

  • Karnataka Co-operative Societies Act, 1959: 20(2)(A-IV)
  • Constitution of India: 226, 227, 243ZI, 243ZO
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