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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
M.NAGAPRASANNA
Hirekerur Taluk Agricultural Produce Co-Operative Marketing Society Ltd., Represented By Its President, Shivaling S. Patil – Appellant
Versus
State Of Karnataka, Represented By Its Secretary, Department Of Co-Operation – Respondent
ORDER :
M. NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following prayer:
A. “Issue a Writ in the nature of certiorari quashing the order bearing No.UNIHA/RSR/C.R-/2024-25 dated 29/05/2024 passed by the 3rd respondent vide Annexure-G, as illegal and void, in the interest of justice and equity.
B. Issue any other writ/order/directions as may be deemed proper.”
2. Heard Sri.Sunil S. Desai, learned counsel for the petitioner, Smt.Girija S. Hiremath, learned HCGP for respondent NOs.1 to 3 and Sri.N.R.Kuppelur, learned counsel for the respondent Nos.4 and 5.
3. Learned counsel appearing for the petitioner submits that the issue in the lis stands completely answered by the order rendered by the Co-ordinate Bench in W.P. No.1098/2024, disposed of on 02.05.2025. The Co-ordinate Bench has held as follows:
13. “The points that would arise for consideration are;
1. Whether by direction issued under sub-section (5) of Section 12 of the KCS Act the area of operation of an existing society can be directed to be deleted to facilitate the establishment of a new society?
2. Whether there is a mandate for establishment of a PACS in each gram panchayat and whether there is an embargo on
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....
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....
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 court established that under the Maharashtra Cooperative Societies Act, a cooperative society is obligated to accept all qualified membership applications, and any disputes regarding membership m....
Legislative amendments to cooperative laws, ensuring deemed membership and equitable treatment among societies, upheld as valid under constitutional provisions, without infringing on court decisions.
Non-compliance with statutory notice requirements under Section 14(4) of the Karnataka Co-operative Societies Act is an irregularity, not a fatal flaw, allowing bifurcation to proceed.
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....
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