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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Satish S/O. Ramning Shahpurkar – Appellant
Versus
State Of Karnataka, R/By Its Secretary, Department Of Co-Operation – Respondent
ORDER :
M.NAGAPRASANNA, J.
The petitioner is before this Court, calling in question an order 17.10.2025, by which permission for collection of share amount in the stage of pre-registration of Society, is declined.
2. The learned counsel, Miss Sanjana S. Mudhol appearing for the petitioner, submits that, in plethora of cases, the Coordinate Benches of this Court has passed several orders, which would enure to the benefit of the petitioner. The orders so passed, are as follows:
W.P.NO. 104197/2021
“The petitioner, which is a Co-operative Society, has presented this petition challenging the order by which the Assistant Registrar has permitted registration of the 5th and 6th respondents as a Co- operative Society under Section 7 of the Karnataka Co-operative Societies Act, 1959 (for short, 'the KCS Act").
2 It is the specific case of the petitioner-society that the Chief Promoters of 5th and 6th respondents were all members of the petitioner-society and they had made an application and they had promoted the formation of the 5th and 6th respondents and sought for its registration. The averment in the writ petition in this regard is as follows:
"It is submitted that, the respondent Nos.5 and 6
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.
Section 6 of the Act provides for filing of an application with the Registrar in the prescribed form seeking for registration of a co-operative society.
Economic viability is a prerequisite for the registration of co-operative societies, and decisions contrary to established guidelines are unsustainable.
Deregistration under Section 21A of the Act can only be based on specified statutory grounds and not on extraneous considerations. The right to form association cannot be jeopardized based on non-sta....
The main legal point established in the judgment is that a petitioner must have a legal right and locus standi to challenge an order under the statutory provisions, and a mere interest in the outcome....
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....
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