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ANANT RAMANATH HEGDE
UPPINANGADY CO-OPERATIVE AGRICULTURAL SOCIETY LTD. – Appellant
Versus
STATE OF KARNATAKA – Respondent
ORDER :
1. Section 128A of the Karnataka Co-operative Societies Act, 1959 (for short ‘Act of 1959’) has a weird history to tell. It successfully withstood the challenge to its constitutional validity in 1986. However, the said provision is omitted vide Ordinance No. 8 of 2009. On 29.03.2010, provision (re-numbered as 128-A) makes a comeback. And on 01.07.2020, said provision is once again omitted. On 27.07.2023, Section 128-A again finds its place in the Act of 1959, vide Act No. 27/2023.
2. But for a hyphen between ‘128’ and ‘A’, the provision is a replica of Section 128A, which has been declared ‘intra vires’ in PCLD Bank Vs. State of Karnataka, ILR 1986 Karnataka 427. However, in this batch of petitions, the provision once again faces the challenge to its constitutional validity.
3. Some of the petitioners are the Primary Co-operative Societies registered under the Act of 1959, others are the members or office bearers of the Primary co-operative societies.
4. Quite obviously, the State and the interveners (Federal Societies) have raised the following preliminary objections to the maintainability of the Writ Petitions.
The right to form a co-operative society encompasses the right to manage its employees, and any law infringing this right is unconstitutional.
The court declared Section 28(2A) of the Kerala Co-operative Societies Act, 1969 unconstitutional for violating democratic control and autonomy principles, affirming the right to form associations un....
The right to contest elections is a statutory right, not a fundamental right, and arbitrary term restrictions violate the autonomy of co-operative societies.
The restriction on designated officers serving beyond six years under Section 73-A(5) of the Maharashtra Co-operative Societies Act is constitutionally valid as it promotes democratic governance and ....
The court affirmed the Government's authority to establish Recruitment Committees for Milk Producers' Societies under Section 80BB of the Kerala Co-operative Societies Act, validating recruitment pro....
The main legal point established in the judgment is that the Cooperative Credit Society has autonomous power to fix salary as per its financial status, and the guidelines issued by the government to ....
The Registrar cannot direct the deletion of a Gram Panchayat from a co-operative society's operational area, affirming multiple PACS can coexist in the same area, promoting autonomy as per the KCS Ac....
Point of law: A provision of the Act providing for a shorter period of limitation cannot be declared to be unconstitutional simply because in some of the Statutes a longer period of limitation has be....
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