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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Shivananja S/o Late Bhogayaiah – Appellant
Versus
State Of Karnataka – Respondent
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioners are before this Court seeking for the following reliefs:
i. Issue a writ of appropriate nature to declare that Section 12(5)(6) the KARNATAKA CO-OPERATIVE SOCIETIES ACT in ultra vires and in violation of Article 19(1)(G) and Article 43-B of The Constitution of India .
ii. Issue any writ of certiorari quashing the impugned directions bearing Sani No.43:RSR:GRN:12(5):PR:2023-24 dated 29.11.2023 passed by the Respondent no.4 vide Annexure-A and
iii. Permit the Respondent No.5 society to continue to function in its existing area of operation as per its Bye-laws; and
iv. Grant such other relief as may be deemed fit to grant under the circumstances of the case in the interest of equity and justice.
2. Learned counsel for the Petitioner at the outset submits that he would not press for prayer (i) above, as such prayer (i) is deleted.
3. The Petitioners claim to be directors of Respondent No.5-Primary Agriculture Credit Co-operative Society (hereinafter for brevity referred to as a “PACS”) which has been registered under the provisions of the KARNATAKA CO-OPERATIVE SOCIETIES ACT , 1959 (hereinafter for brevity referred to as “KCS Act”). The Society
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....
The Registrar lacks authority to delete areas from existing co-operative societies to facilitate new establishments, emphasizing that PACSs can coexist in the same area under the Karnataka Co-operati....
Legislative amendments to cooperative laws, ensuring deemed membership and equitable treatment among societies, upheld as valid under constitutional provisions, without infringing on court decisions.
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....
A competing co-operative society lacks locus standi to challenge another's registration unless it suffers a legal wrong, underscoring the principle that competition must be encouraged.
The State has the authority under Section 101 of the Kerala Co-operative Societies Act to exempt a society from provisions if public interest warrants it, including overlapping service areas, validat....
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