High Court of Karnataka Kalaburagi Bench Adjudicates Batch of Writ Petitions Seeking Striking Down of Section 28A(5) and 28-B(2) of the Co-operative Societies Act and Quashing of Government Order. Petitioners included members and elected office bearers of co-operative societies, challenging the constitutional validity and workability of the provisions.

High Court: Karnataka High Court Bench: KALABURAGI
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Issue of Consideration

KAHC030014752020_1

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Case Details

2020 LawText (KAR) (10) 1

Writ Petition No.226145 of 2020 c/w Writ Petition No.226141 of 2020, Writ Petition No.226146 of 2020, Writ Petition No.226148 of 2020, Writ Petition No.226191 of 2020, Writ Petition No.226192 of 2020, Writ Petition No.226193 of 2020, Writ Petition No.226194 of 2020, Writ Petition No.226198 of 2020, Writ Petition No.226205 of 2020, Writ Petition No.226259 of 2020, Writ Petition No.226271 of 2020, Writ Petition No.226320 of 2020, Writ Petition No.226338 of 2020, Writ Petition No.226341 of 2020, Writ Petition No.226364 of 2020 & Writ Petition No.226342 of 2020

2020-10-16

Nataraj Rangaswamy

Amresh S. Roja, I.R.Biradar, Ratna N. Shivayogimath, Anuradha M. Desai

Gurunath Reddy, Ashok Reddy, Yankappa, Basavaraj Bhimaraya Moolimani, Vijayakumar Patil, Hanamanth Yenkappa Yakshanti, Gadigeppa Sharanappa Desai, Smt. Sharanamma Chandrashekhar Avanti, Smt. Krishanamma Bhimaraya Yakshanti, Basavaraj Dharmanna, Veerareddy Sidram Reddy Patil, Ravindrakumar Gundappa, Bheemaraya Basappa Guddad, Annasaheb Balachandra Patil, Shivaraya Chandram Nidagundi, Laxman Dharmu Rathod, Shivanagouda Rachappagouda Patil, Rajendra Chandrakant Patil, Basavaraj Siddramappa Wali, Sharanagouda Shivasharanappa Patil, Kedarligayya Sanganbasayya Hiremath, Somashekhar Gurushantappa Gonayak, Mallikarjun Reddy Siddramappa Reddy Patil Kauloor, Vithal Venkanna Yadav, Shambureddy Sharanappa Narasgol, Bapugouda Dundappagouda Patil, Mallikarjun Yeshwantrao Patil, Bhimsen Mahadevappa Kokare, Sharanappa Pundalikappa Biradar, Basanna Mallikarjun Kore, Krishna Gouda Bhimangouda Patil, Shivangouda Shivashankarayagouda Biradar, Md Ishak Chandsab Mulla

State of Karnataka Department of Co-operation, Registrar of Co-operative Societies, State Co-operative Election Authority, Joint Registrar of Cooperative Societies, Deputy Registrar of Cooperative Societies, Assistant Director of Cooperative Audit/Returning Officer, Taluk Agriculture Produce Marketing Cooperative Society, Administrator/Stenographer Taluk Agriculture Produce Cooperative Marketing Society, Commissioner State Co-operative Election Authority, Deputy Commissioner and District Election Officer, Kalaburagi-Yadagiri District Co-operation Union Ltd., Joint Registrar Co-operative Society Kalaburagi Division, Assistant Registrar Co-operative Society Yadagir Sub-Division, Tahasildar/Returning Officer, Administrator/Assistant Registrar of Cooperative Societies, Additional Deputy Commissioner/Administrator, District Registrar Cooperative Societies, Commissioner Co-operative Election Authority

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Nature of Litigation

Writ petitions under Articles 226 and 227 of the Constitution challenging the constitutional validity of certain statutory provisions and seeking to quash a Government Order.

Remedy Sought

Petitioners sought striking down of Sections 28A(5) and 28-B(2) of the Act as unconstitutional and unworkable; in some petitions, quashing of Government Order dated 14.07.2020.

Filing Reason

Petitioners, being office bearers of co-operative societies, challenged the provisions as unconstitutional and unworkable.

Procedural History

The writ petitions were filed before the High Court of Karnataka, Kalaburagi Bench, and were clubbed together for hearing. The matter was listed before a single judge on 16.10.2020.

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