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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ J
Ahanya Milk Producers Co-Operative Society – Appellant
Versus
State Of Karnataka – Respondent
| Table of Content |
|---|
| 1. petitioners seek to quash proceedings. (Para 1) |
| 2. facts regarding the bifurcation and order history. (Para 2) |
| 3. court observes consent to use video evidence. (Para 3 , 4 , 5 , 6 , 8) |
| 4. video evidence considered admissible despite lack of certification. (Para 7) |
| 5. petitioners argue procedural violations during meetings. (Para 9 , 10 , 11) |
| 6. arguments regarding alternative remedies and legal processes. (Para 12 , 13) |
| 7. court evaluates petitions and opposing arguments. (Para 14 , 15 , 16) |
| 8. points of consideration identified for judgment. (Para 17) |
| 9. court distinguishes between voluntary and registrar-directed amendments. (Para 18) |
| 10. court's final decision and reasoning. (Para 19 , 20 , 21) |
ORDER :
SURAJ GOVINDARAJ, J.
1. The Petitioners in each of the above petitions are before this Court seeking for the following reliefs:
W.P.No.11433/2025
a. Call for the entire records including the video clips from the hands of the R3 administrator in related to the impugned proceedings as per Annexure-K dated 13.03.2025.
b. Issue a writ in the nature of certiorari or any other writ to quash the proceedings of the general body dated 13.03.2025 in so far as it relates to subject No.4
The court determined that the specific procedure under Rule 6 applies to registrar-directed amendments to cooperative society bye-laws, requiring only a majority vote without deliberation, affirming ....
Members of a cooperative society must be given an opportunity to voice objections to proposed amendments to bye-laws, ensuring procedural fairness in governance.
The court affirmed that members must challenge resolutions to preserve their rights, and the Registrar's approval of amendments is valid if compliant with the Act and Rules.
The court establishes that the removal of a co-opted member from a cooperative society must adhere to Rule 43-A, failing which any subsequent actions are void.
The court established that the Administrator Committee cannot initiate amendments to bye-laws, which is the exclusive function of the Managing Committee, but the petition was dismissed due to alterna....
The main legal point established in the judgment is that Sub-section (1-A) of Section 4 of the Societies Registration Act, 1860 provides for an appeal against an order made under Section 4 of the Act....
Authority under Section 70 enables the Additional Registrar to cancel improper allotments and registered sale deeds within cooperative societies, reinforcing adherence to bylaws and judicial oversigh....
Ex parte Order - Review of order of appellate authority - Power under Section 152 of Code are neither to be equated with power of review nor can be said to be akin to review or even said to clothe th....
The Registrar must consider the reasonability of the excuse offered by the affected party before imposing disqualification or penalty under Section 75 (5) of the Act, 1960.
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