CHIDAMBAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In these writ petitions, the petitioners have challenged the validity of Section 20(2)(a-iv) and (a-v) of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act') as ultra vires and also violative of Articles 243ZI and 243ZO of the Constitution of India and for a writ of mandamus directing the respondents to permit the petitioners to participate in the election without applying the provision of Section 20(2)(a-iv) and (a-v) of the Act.

(2.) This Court by interim order dated 23.1.2020 permitted the petitioners to vote in the election of the respondent-Society without reference to Section 20(2)(a-iv) and (a-v) of the Act, if they are otherwise eligible to cast their votes, subject to the result of these writ petitions.

(3.) Learned counsel appearing for the petitioners submits that the petitioners voted in the election in pursuance to interim direction of this Court. Learned counsel for the petitioners submits that the petitioners are not pressing the prayer challenging the constitutional validity of Section 20(2)(a-iv) and (a-v) of the Act and that the writ petitions could be disposed of on the ground that the respondent-Society could not have applied the provision of Section 20(2)(a-iv) and (a-v) of the Act to the petitioners or to delete the petitioners' name from the eligible voters' list. It is also contended that the petitioners have not received the notice of Annual General Body Meeting as required under Rule 14-AJ of the Karnataka Co-operative Societies Rules, 1960 (for short, 'Rules, 1960). Rule 14-AJ(2) of the Rules 1960 reads as follows: