Karnataka High Court
Primary Agricultural Co-Operative ... vs The State Of Karnataka & Ors on 26 July, 2013
Author: Mohan M Shantanagoudar
Bench: Mohan .M. Shantanagoudar
-1-
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
TH
DATED THIS THE 26 DAY OF JULY, 2013
BEFORE
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION NO.101715/2013 (CS-RES)
C/W.
WRIT PETITION NOS.101728-101732 & 101790/2013,
101752-101783/2013, 101622/2013, 101616/2013,
101784/2013, 101617-101621 & 101641-101669/2013
(CS-RES)
WRIT PETITION NO.101715/2013
BETWEEN :
NARANJA SAHAKARI SAKKARE
KARKHANE LTD., IMMAPUR,
TQ & DIST: BIDAR.
REPRESENTED BY ITS MANAGING DIRECTOR,
BHIMARAO APRANJI ,S/O LATE SRINIVAS RAO,
AGE: 56 YEARS, OCC: MANAGING DIRECTOR,
NARANJA SAHAKARI SAKKARE
KARKHANE LTD., IMAMPUR,
TQ & DIST: BIDAR.
R/O: QUARTERS NO.A4,
NARANJA SSK LTD., PREMISES,
IMAMPUR, TQ & DIST: BIDAR.
.....PETITIONER
( BY SRI AMRESH.S.ROJA, ADVOCATE)
-2-
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS,
THE PRINCIPAL SECRETARY,
DEPARTMENT OF CO0-OPERATIVE,
M.S.BUILDING,
BANGALORE-560001.
2. THE DIRECTOR CO-OPERATIVE AUDIT,
NO.17, JAYA NIVAS,
SHANKARMATH ROAD,
BASVANAGUDI,
BANGALORE-560004.
3. REGISTRAR OF CO-OPERATIVE SOCIETIES,
ALI ASKER ROAD,
BANGALORE-01.
4. THE DEPUTY REGISTRAR,
CO-OPERATIVE SOCIETIES,
BIDAR-585401.
5. THE DEPUTY DIRECTOR,
CO-OPERATIVE SOCIETIES,
BIDAR-585401. .....RESPONDENTS
(BY SRI MANVENDRA REDDY, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO STRUCT DOWN THE 2ND PROVISO TO SUB-SECTION 1
OF SECTION 63 OF THE KARNATAKA CO-OPERATIVE
SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE
SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY
THE STATE GOVERNMENT IS ULTRA VIRUS, SINCE IT IS
NOT IN INCONFORMITY WITH THE ARTICLE 243ZM R/W
ARTICLE 19 OF THE CONSTITUTION OF INDIA.
-3-
WRIT PETITION NOs.101728-732 & 101790/2013
BETWEEN :
1. PRIMARY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD.,
DEODURGA.
TQ: DEODURGA, DIST: RAICHUR.
BY ITS CHIEF EXECUTIVE OFFICER,
MANOHAR S/O DEVENDRAPPA,
AGE: 57 YEARS, R/O; DEODURGA,
TQ: DEODURGA, DIST: RAICHUR-584101.
2. PRIMARY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD.,
SUNNADKAL.
TQ: DEODURGA, DIST: RAICHUR.
BY ITS CHIEF EXECUTIVE OFFICER,
RAVIKUMAR S/O SHIVASHARNAPPA,
AGE: 42 YEARS, R/O; SUNNADKAL,
TQ: DEODURGA, DIST: RAICHUR-584101.
3. PRIMARY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD.,
ARKERA.
TQ: DEODURGA, DIST: RAICHUR.
BY ITS CHIEF EXECUTIVE OFFICER,
SHEKAHARAPPA S/O RAMANNA,
AGE: 56 YEARS, R/O; ARKERA,
TQ: DEODURGA, DIST: RAICHUR-584101.
4. PRIMARY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD.,
MUSTOOR.
TQ: DEODURGA, DIST: RAICHUR.
BY ITS CHIEF EXECUTIVE OFFICER,
MALLIKARJUN S/O SHIVALINGAPPA,
AGE: 56 YEARS, R/O; MUSTOOR,
TQ: DEODURGA, DIST: RAICHUR-584101.
-4-
5. PRIMARY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD.,
RAMDURGA.
TQ: DEODURGA, DIST: RAICHUR.
BY ITS CHIEF EXECUTIVE OFFICER,
AMEREGOUDA S/O BASANGOUDA,
AGE: 56 YEARS, R/O; RAMDURGA,
TQ: DEODURGA, DIST: RAICHUR-584101.
6. PRIMARY AGRICULTURAL
CO-OPERATIVE SOCIETY LTD.,
GABBUR.
TQ: DEODURGA, DIST: RAICHUR.
BY ITS CHIEF EXECUTIVE OFFICER,
BUDAYYA SWAMY S/O BASAWRAJ,
AGE: 57 YEARS, R/O; GABBUR,
TQ: DEODURGA, DIST: RAICHUR-584101.
.....PETITIONERS
( BY SRI A.M.NAGRAL, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS,
THE PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATIVE,
M.S.BUILDING,
BANGALORE-560001.
2. THE DIRECTOR CO-OPERATIVE AUDIT,
NO.17, JAYA NIVAS,
SHANKARMATH ROAD,
BASVANAGUDI,
BANGALORE-560004.
3. REGISTRAR OF CO-OPERATIVE SOCIETIES,
ALI ASKER ROAD,
BANGALORE-01.
-5-
4. THE DEPUTY REGISTRAR,
CO-OPERATIVE SOCIETIES,
RAICHUR-584101.
5. THE DEPUTY DIRECTOR,
CO-OPERATIVE SOCIETIES,
RAICHUR-584101.
.....RESPONDENTS
( BY SRI MANVENDRA REDDY, GA)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO ISSUE STRUCT DOWN THE 2ND PROVISO TO
SUB-SECTION 1 OF SECTION 63 OF THE KARNATAKA CO-
OPERATIVE SOCIETIES AMENDMENT ACT 2012 AS
AMENDED BY THE SECTION 34 OF THE KARNATAKA ACT
NO.3 OF 2013 BY THE STATE GOVERNMENT IS ULTRA
VIRUS, SINCE IT IS NOT IN INCONFORMITY WITH THE
ARTICLE 243ZM R/W ARTICLE 19 OF THE CONSTITUTION
OF INDIA.
WRIT PETITION NOs.101752-101783/2013
BETWEEN:
1. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGH, ARKERI,
REPRESENTED BY ITS PRESIDENT
SHRI. GOUDAPPA A.PATIL,
AGE:40, OCC: AGRICULTURE,
R/O ARAKERI, TQ. & DIST. BIJAPUR.
2. INDI TALUKA PRATHAMIKA KRISHI
AND RURAL DEVELOPMENT BANK,
REPRESENTED BY ITS PRESIDENT
SHRI BASAVANNA M. KORE,
AGE:65, OCC: AGRICULTURE,
-6-
R/O INDI, TQ. INDI, DIST.BIJAPUR.
3. BIJAPUR DISTRICT INDUSTRIAL SUPPLY
AND MARKETING CO-OPERATIVE SOCIETY,
BIJAPUR, REPRESENTED BY ITS PRESIDENT
SHRI. S.M. PATIL,
AGE:58 YEARS, OCC: AGRI,
R/O BIJAPUR-586101.
4. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGH LTD., JAGAJEEVANI
REPRESENTED BY ITS PRESIDENT
SHRI. KALLANGOUDA BL.PATIL,
AGE:48 YEARS, OCC: AGRI,
R/O INDI, TQ. INDI, DIST. BIJAPUR.
5. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA LTD., GUNAKI,
REPRESENTED BY PRESIDENT
SHRI MALLANGOUDA S. PATIL,
AGE:48 YEARS, OCC: AGRI,
R/O GUNAKI, TQ. & DIST. BIJAPUR.
6. PRATHAMIKA KRISHI SAHAKARI
SANGHA, TIDAGUNDI,
REPRESENTED BY ITS PRESIDENT
SHRI SIDDARAY TILYAL,
AGE:45 YEARS, OCC: AGRI.,
R/O BIJAPUR.
7. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, BARATAGI,
REPRESENTED BY ITS PRESIDENT
SHRI. SHASHIKANT B.PATIL,
AGE:58 YEARS, OCC: AGRI.,
R/O BIJAPUR.
8. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, JAMBAGI (A),
-7-
REPRESENTED BY ITS PRESIDENT
SHRI BASAVARAJ R.DINDAWAR,
AGE:53 YEARS, OCC: AGRI.,
R/O JAMBAGI, TQ. & DIST. BIJAPUR.
9. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, DOMNAL,
REPRESENTED BY ITS PRESIDENT
SHRI RUDRAGOUDA A PATIL,
AGE:62 YEARS, OCC: AGRI.
R/O DOMNAL, TQ. & DIST. BIJAPUR.
10. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA KANNUR,
REPRESENTED BY ITS PRESIDENT
SMT. SHANKARGOUDA S PATIL,
AGE:52 YEARS,, OCC: AGRI.,
R/O KANNUR, TQ. & DIST. BIJAPUR.
11. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, BARADOL
REPRESENTED BY ITS PRESIDENT
SHRI. SRISHAIL S BIRADAR,
AGE:39 YEARS, OCC: AGRI,
R/O BARADOL, TQ. INDI,
DIST. BIJAPUR
12. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, DEVARNIMBARGI,
REPRESENTED BY ITS PRESIDENT
SHRI RAMGONDAPPA O BNIRADAR,
AGE:65 YEARS, OCC: AGRI.
R/O DEVANIMBARGI, TQ. INDI,
DIST. BIJAPUR.
13. PRATHAMIKA KRISHI PATTINA
SAHKARI SANGHA,BOMMANALI,
REPRESENTED BY ITS PRESIDENT
SHRI KASHINATHGOUDA PATIL,
-8-
AGE:62 YEARS, OCC: AGRI.
R/O BOMMANALLI, TQ. INDI,
DIST. BIJAPUR.
14. SHRI KARIBASAVA SHIVACHARYA
PATTINA SAHAKARI SANGH LTD., BARADOL,
REPRESENTED BY ITS PRESIDENT
SHRI SRISHAIL S BIRADAR,
AGE:39 YEARS, OCC: AGRI.,
R/O BARADOL, TQ. INDI,
DIST. BIJAPUR.
15. JAIBHAVANI MULTIPURPOSE
CO-OPERATIVE SOCIETY LTD.,BIJAPUR,
REPRESENTED BY ITS PRESIDENT
SHRI C.B.HIREMATH,
AGE:51 YEARS, OCC: AGRI.,
R/O B-100, BHAVASAR NAGAR,
BIJAPUR-586101.
16. DISTRICT HORTICULTURE PRODUCE
GROWERS CO-OPERATIVE MARKETING
AND PROCESSING SOCIETY LTD. BIJAPUR,
REPRESENTED BY ITS PRESIDENT
SHRI S.V.PATIL
AGE:61 YEARS, R/O ANAND MAHAL,
BIJAPUR-586101.
17. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA,DAVALAGI,
REPRESENTED BY ITS PRESIDENT
SHRI BAPUGOUDA H PATIL
AGE:50 YEARS, OCC: AGRI
R/O DAVALAGI, TQ. MUDDEBIHAL,
DIST. BIJAPUR.
18. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, KAVADIMATTI,
REPRESENTED BY ITS PRESIDENT
-9-
SHRI BASANGOUDA S PATIL,
AGE:55 YEARS, OCC: AGRI
R/O KAVADIMATTI, TQ. MUDDEBIHAL,
DIST. BIJAPUR.
19. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, BALABHATTI,
REPRESENTED BY ITS PRESIDENT
SHRI IMAMSAB H.BALABATTI,
AGE:54 YEARS, OCC: AGRI.
R/O BALABATTI, TQ. MUDDEBIHAL,
DIST. BIJAPUR.
20. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, ZARZARI,
REPRESENTED BY ITS PRESIDENT
SHRI. D.S.BIRADAR,
AGE:50 YEARS, OCC: AGRI.,
R/O ZARZARI, TQ. MUDDEBIHAL,
DIST. BIJAPUR.
21. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, TANGADAGI
REPRESENTED BY ITS PRESIDENT
SHRI. S.G.BIDARKUNDI,
AGE:57 YEARS, OCC: AGRI.,
R/O TANGADAGI, TQ. MUDDEBIHAL,
DIST. BIJAPUR.
22. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA,KOLUR,
REPRESENTED BY ITS PRESIDENT
SHRI. S.S. HONNALLI,
AGE:38 YEARS,, OCC: AGRI.,
R/O KOLUR, TQ. MUDDEBIHAL,
DIST. BIJAPUR.
23. PRATHAMIKA KRISHI PATTINA
SAHAKARI SANGHA, BIDARKUNDI,
- 10 -
REPRESENTED BY ITS PRESIDENT
SHRI. B C PATIL,
AGE:30 YEARS, OCC: AGRI.,
R/O BIDARKUNDI, TQ. MUDDEBIHAL,
DIST. BIJAPUR.
24. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,
KANDAGANUR, REPRESENTED BY ITS PRESIDENT SHRI.
SABANNA B KANAKAL AGE:41, OCC AGRI., R/O
KANDAGANUR, TQ. MUDDEBIHAL, DIST. BIJAPUR
BIJAPUR
25. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,
TARNAL
REPRESENTED BY ITS PRESIDENT SHRI. A S TIRDALLI,
AGE:49, OCC: AGRI., R/O TARNAL, TQ. MUDDEBIHAL,
DIST. BIJAPUR
BIJAPUR
26. SRI SANGAMESHWAR TANGADAGI GROUPS
PRATHAMIKA TEACHERS CO-OPERATIVE CREDIT SOCIETY
LTD., MUDDEBIHAL, REPRESENTED BY ITS PRESIDENT
SHRI. BASAPPA H BIRADAR, AGE:42, OCC: AGRI., R/O.
MUDDEBIHAL, DIST. BIJAPUR
BIJAPUR
27. PRATHAMIKA KRISHI PATTINA SAHAKARI
SANGHA,MAKNAPUR
REPRESENTED BY ITS PRESIDENT SHRI. SOMANINGAPPA
L PATIL, AGE:58, OCC: AGRI., R/O MAKANAPUR, TQ.&
DIST. BIJAPUR
BIJAPUR
28. PRATHAMIKA KRISHI PATTINA SAHKARI
SANGHA,TAKKALAKI
REPRESENTED BY ITS PRESIDENT SHRI. CHIDANAND B
PATIL, AGE:40, OCC: AGRI, R/O TAKKALAKI, TQ.& DIST.
BIJAPUR
BIJAPUR
- 11 -
29. PRATHAMIKA KRISHI PATTINA SAHAKARI
SANGHA,LOHAGAON
REPRESENTED BY ITS PRESIDENT SHRI. VASANT
NINGAPPA TANGADI, AGE:45, OCC: AGRI, R/O
LOHAGAON, TQ.& DIST. BIJAPUR
BIJAPUR
30. PRATHAMIKA KRISHI PATTINA SAHKARI
SANGHA,TADAVALGA
REPRESENTED BY ITS PRESIDENT SHRI. DSTAGIR L
BAGAWAN, AGE:42, OCC: AGRI, R/O TADAVALGA, TQ.
INDI, DIST. BIJAPUR
BIJAPUR
31. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
PADAGANOOR, REPRESENTED BY ITS PRESIDENT SHRI. H
R PATIL (BIRADAR), AGE: 52, OCC: AGRI., R/O
PADAGANOOR, TQ. SINDAGI, DIST. BIJAPUR
BIJAPUR .. PETITIONERS
(BY SRI SANGANAGOUDA V BIRADAR, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY, DEPARTMENT OF CO-
OPERATATION GOVERNMENT OF KARNATAKA,
BANGALORE-1
2. THE DIRECTOR OF CO-OPERATIVE AUDIT
NO.17, JAYA NIVAS, SHANKAR MUTT ROAD,
BASAVANAGUDI, BANGALORE
BANGALORE CITY
3. THE DEPUTY DIRECTOR OF CO-OPERATIVE AUDIT
TUMKUR DISTRICT,
TUMKUR-72101.
- 12 -
....RESPONDENTS
(BY SRI MANVENDRA REDDY, GA)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DECLARE THAT THE SECOND PROVISO TO
SUB-SECTION (1) OF SECTION 63 OF THE KCS ACT 2012
AS AMENDED BY SECTION 34 OF THE KARNATAKA ACT
NO.3 OF 2013 BY THE FIRST RESPONDENT PUBLISHED IN
THE KARNATAKA GAZETTEE, DATED 11.1.2013 AS
ANNEXURE-B AS UNCONSTITUTIONAL AND VOID.
WRIT PETITION NO.101622/2013
BETWEEN:
HATTI GOLD MINES EMPLOYEES CONSUMER
CO-OPERATIVE SOCIETY, HATTI, TQ: LINGASUGUR, DIST:
RAICHUR, BY ITS CHIEF EXECUTIVE OFFICER,
B.DODDAPPA S/O AMARAPPA, AGE: 53 YEARS, HATTI
GOLD MINES EMPLOYEES CONSUMER CO-OPERATIVE
SOCIETY, HATTI.
.. PETITIONER
(BY SRI AMRESH S ROJA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS THE PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING,
BANGALORE-560001.
BANGALORE CITY
2. THE DIRECTOR CO-OPERATIVE AUDIT,
NO. 17, JAYA NIVAS, SHANKARMATH ROAD,
BASAVANAGUDI BANGALORE-560004.
- 13 -
3. REGISTRAR OF CO-OPERATIVE SOCIETIES,ALI ASKER
ROAD
BANGALORE-01.
4. THE DEPUTY REGISTRAR,
CO-OPERATIVE SOCIETIES,
RAICHUR - 584 101
5. THE DEPUTY DIRECTOR,
CO-PERATIVE AUDIT,
RAICHUR - 584 101
...RESPONDENTS
(BY SRI MANVENDRA REDDY, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO STRUCT DOWN THE 2ND PROVISO TO SUB-SECTION 1
OF SECTION 63 OF THE KARNATAKA CO-OPERATIVE
SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE
SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY
THE STATE GOVERNMENT IS ULTRA VIRUS, SINCE IT IS
NOT IN INCONFORMITY WITH THE ARTICLE 243ZM R/W
ARTICLE 19 OF THE CONSTITUTION OF INDIA.
WRIT PETITION NO.101616/2013
BETWEEN:
DISTRICT CENTRAL CO-OPERATIVE BANK
LIMITED
BASAWESHWAR CHOWK
BIDAR-585 401
REP. BY ITS CHIEF EXECUTIVE OFFICER
MALLIKARJUN
S/O.SANGAPPA MAHAJAN
AGED 47 YEARS, OCC: CHIEF EXECUTIVE OFFICER
- 14 -
DIST. CENTRAL CO-OPERATIVE BANK LIMITED
BASAWESHWAR CHOWK
BIDAR-585 401
.. PETITIONER
(BY SRI AMRESH S ROJA, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS THE PRINCIPAL SECRETARY,
DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING,
BANGALORE-560001.
2. THE DIRECTOR CO-OPERATIVE AUDIT,
NO. 17, JAYA NIVAS, SHANKARMATH ROAD,
BASAVANAGUDI BANGALORE-560004.
BANGALORE CITY
3. REGISTRAR OF CO-OPERATIVE SOCIETIES,ALI ASKER
ROAD
BANGALORE-01.
4. THE DEPUTY REGISTRAR,
CO-OPERATIVE SOCIETIES,.
BIDAR-584 101
5. THE DEPUTY DIRECTOR,
CO-PERATIVE AUDIT,.
BIDAR-584 101
...RESPONDENTS
(BY SRI MANVENDRA REDDY, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO STRUCT DOWN THE 2ND PROVISO TO SUB-SECTION 1
OF SECTION 63 OF THE KARNATAKA CO-OPERATIVE
SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE
SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY
THE STATE GOVERNMENT IS ULTRA VIRUS, SINCE IT IS
- 15 -
NOT IN INCONFORMITY WITH THE ARTICLE 243ZM R/W
ARTICLE 19 OF THE CONSTITUTION OF INDIA.
WRIT PETITION NO.101784/2013
BETWEEN:
MANJRA MAHILA URBAN CO-OPERATIVE
BANK LIMITED
BIDAR,
REP. BY ITS MANAGER
SRI SHAM HALMANDGE
S/O.SHANKERAPPA HALMANDGE
AGED 41 YEARS
R/O.NEAR KEB ROAD, BIDAR
.. PETITIONER
(BY SRI SANTOSH BIRADAR, ADV.,)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF CO-OPERATION,
GOVT. OF KARNATAKA, M.S.BUILDING,
BANGALORE-560001.
2. THE DIRECTOR CO-OPERATIVE AUDIT,
NO. 17, JAYA NIVAS, SHANKARMATH ROAD,
BASAVANAGUDI BANGALORE-560009.
3. THE DEPUTY DIRECTOR,
CO-PERATIVE AUDIT,.
BIDAR-585 401
...RESPONDENTS
(BY SRI MANVENDRA REDDY, GA)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
- 16 -
TO STRUCT DOWN THE 2ND PROVISO TO SUB-SECTION 1
OF SECTION 63 OF THE KARNATAKA CO-OPERATIVE
SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE
SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY
THE FIRST RESPONDENT IN THE KARNATAKA GAZETTE
DATED 11.1.2013 AS PER ANNEXURE-B AS
UNCONSTITUTIONAL AND VOID.
WRIT PETITION NOS.101617-101621 & 101641-
101669/2013
BETWEEN:
1. PRATHMIKA KRISHI PATTINA SAHAKARI SANGHA,
ATHARGA,
REPRESENTED BY ITS PRESIDENT SHRI. ARVINDGOUDA
MALLIKARJUN BIRADAR, AGED ABOUT 45 YEARS, OCC:
AGRI, R/O ATHARGA, TQ: INDI, DIST: BIJAPUR.
2. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,
BENAKANAHALLI, REPRESENTED BY ITS PRESIDENT SHRI.
CHANDRASHEKHAR ISAPPA LONI, AGED ABOUT 48 YEARS,
OCC: AGRI, R/O BENEKANAHALLI, TQ: INDI, DIST:
BIJAPUR.
3. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,
MASALI BK, REPRESENTED BY ITS PRESIDENT SHRI.
SIDDANAGOUDA RUDRAGOUDA PATIL, AGED ABOUT 47
YEARS, OCC: AGRI, R/O MASALI BK, TQ: INDI, DIST:
BIJAPUR.
4. PRATHAMIKA KRISHI PATTINA SAHAKARI SNGHA,
TAMBA, REPRESENTED BY ITS PRESIDENT SHRI. BASAPPA
AMBANNA GANGANALLI,AGED ABOUT 58 YEARS, OCC:
AGRI, R/O TAMBA, TQ: INDI, DIST: BIJAPUR.
5. PRATHAMIKA KRISHI PATTINA
SHAKARI SANGHA, GORNAL,REPRESENTED BY ITS
PRESIDENT SHRI. JETTEPPA KENCHAPPA HIREKURUBAR,
- 17 -
,AGED ABOUT 50 YEARS, OCC: AGRI, R/O GORNAL, TQ:
INDI, DIST: BIJAPUR.
BIJAPUR
6. PRATHAMIKA SAHAKARI KRISHI &
RURAL DEVELOPMENT BANK, B.BAGEWADI, REPRESENTED
BY ITS PRESIDENT SHRI ANNUGOUD APPASAHEB BIRADR,
AGED ABOUT 41 YEARS, OCC: AGRI, R/O B.BAGEWADI,
TQ. B.BAGEWADI, DIST. BIJAPUR.
7. PRATHAMIKA SAHAKARI SRISHI &
RURAL DEVELOPMENT BANK, SINDAGI, REPRESENTED BY
ITS PRESIDENT SHRI JAGADEVAPPA SIDDARAMAPPA
KURNALLI, AGED ABOUT 50 YEARS, OCC: AGRI, R/O
SINDAGI, TQ. SINDAGI, DIST. BIJAPUR.
8. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
HORTI,
REPRESENTED BY ITS PRESIDENT SHRI MAHAEV BALAPPA
PUJARI AGED ABOUT 48 YEARS, OCC: AGRI, R/O HORTI,
TQ. INDI DIST. BIJAPUR.
9. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,
SAVALSANG REPRESENTED BY ITS PRESIDENT SHRI
DUNDAPPA SHASHAPPA KHED, AGED ABOUT 56 YEARS,
OCC: AGRI, R/O SAVALSANG, TQ. INDI
DIST. BIJAPUR.
10. MALLIKARJUN PATTINA SAHAKARI SANGHA, HORTI,
REPRESENTED BY ITS PRESIDENT SMT. SUMANGALA
BHIMANNA GADDAD, AGED ABOUT 35 YEARS, OCC: AGRI,
R/O HORTI, TQ. INDI, DIST. BIJAPUR.
11. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
HALAGUNAKI, REPRESENTED BY ITS PRESIDENT SHRI
CHANDRAKANT BIRADAR, AGED ABOUT 50 YEARS, OCC:
AGRI, R/O HALAGUNAKI TQ. INDI,
DIST. BIJAPUR.
- 18 -
12. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
SONAKANAHALLI REPRESENTED BY ITS PRESIDENT SHRI.
ANNAPPA C PUJARI AGED AOUT 48 YEARS OCC: AGRI R/O
SONAKANAHALLI TQ: INDI, DIST: BIJAPUR
13. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
DUMAKANAL REPRESENTED BY ITS PRESIDENT SHRI.
PRABHAKAR S PATIL AGED AOUT 48 YEARS OCC: AGRI
R/O DUMAKANAL TQ: INDI, DIST: BIJAPUR
14. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
BASANAL REPRESENTED BY ITS PRESIDENT SHRI.
N.P.SAHUKAR AGED AOUT 60 YEARS OCC: AGRI R/O
BASANAL TQ: INDI, DIST: BIJAPUR
15. NAVAJEEVAN CO-OP CREDIT SOCIETY BIJAPUR
REPRESENTED BY ITS PRESIDENT SHRI.CHANNAPPA S
KARAJOL AGED ABOUT 44 YEARS OCC: AGRI
R/O BIJAPUR
16. KARNATAKA ELECTRICITY TRANSMISSION CROP.LTD
EMPLOYEES CO-OP SOCIETY LTD. BIJAPUR REPRESENTED
BY ITS PRESIDENT SHRI.A R RATHOD AGED ABOUT 45
YEARS OCC: SERVICE R/O BIJAPUR
17. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
KALAGURKI REPRESENTED BY ITS PRESIDENT SHRI.D R
HIREMATH AGED ABOUT 52 YEARS OCC: AGRI R/O
KALAGURKI TQ. B.BAGEWADI DIST. BIJAPUR
18. PRIMARY CO-OP AGRICULTURE &
RURAL DEVELOPMENT BANK, MUDDEBIHAL REPRESENTED
BY ITS PRESIDENT SHRI. BHIMANNA KAREPPA BIRADAR
AGED ABOUT 52 YEARS OCC: AGRI R/O MUDDEBIHAL
DIST. BIJAPUR
19. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
VANDAL REPRESENTED BY ITS PRESIDENT SHRI.
SHANKARGOUDA F PYATIGOUDAR AGED ABOUT 50 YEARS
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OCC: AGRI R/O VANDAL TQ. B. BAGEWADI DIST.
BIJAPUR.
20. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
TELAGI
REPRESENTED BY ITS PRESIDENT SHRI. SHANKARGOUDA
F PYATIGOUDAR AGED ABOUT 50 YEARS OCC: AGRI R/O
VANDAL TQ. B. BAGEWADI DIST. BIJAPUR.
21. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,
TALEWAD REPRESENTED BY ITS PRESIDENT SHRI
KAREPPA JATTEPPAGOL AGED ABOUT 45 YEARS OCC:
AGRI R/O TALEWAD TQ: B.BAGEWADI DIST. BIJAPUR.
22. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
MUTTAGI REPRESENTED BY ITS PRESIDENT SHRI
RAVINDRA G CHIKKMATH AGED ABOUT 50 YEARS OCC:
AGRI R/O MUTTAGI TQ: B.BAGEWADI DIST. BIJAPUR.
23. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
MASUTI REPRESENTED BY ITS PRESIDENT SHRI
KRISHNAJI KULKARNI AGED ABOUT 50 YEARS OCC: AGRI
R/O MASUTI TQ: B.BAGEWADI DIST. BIJAPUR.
BIJAPUR
24. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
HEGADIHAL REPRESENTED BY ITS PRESIDENT SHRI
IRANAGOUDA G BIRADAR AGED ABOUT 42 YEARS OCC:
AGRI R/O HEGADIHAL TQ & DIST:BIJAPUR
25. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
NAGATHAN REPRESENTED BY ITS PRESIDENT SHRI
SHRISHAIL G. KATNALLI AGED ABOUT 45 YEARS OCC:
AGRI R/O NAGATHAN TQ :BIJAPUR DIST. BIJAPUR.
26. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
AIANAPUR REPRESENTED BY ITS PRESIDENT SHRI
KANTHAPPA S INCHAGERI AGED ABOUT 32 YEARS OCC:
AGRI R/O AIANAPUR TQ: & DIST :BIJAPUR
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27. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
HADAGALI PS REPRESENTED BY ITS PRESIDENT SHRI
AGED ABOUT YEARS OCC: AGRI R/O HADAGALI TQ: &
DIST :BIJAPUR
28. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
MADHABAVI REPRESENTED BY ITS PRESIDENT SHRI
JAKKANAGUDA PATIL AGED ABOUT 60 YEARS OCC: AGRI
R/O MADHABAVI TQ: & DIST :BIJAPUR
29. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
SHIVANAGI REPRESENTED BY ITS PRESIDENT SHRI
SANJEEV HALLI AGED ABOUT 48 YEARS OCC: AGRI R/O
SHIVANAGI TQ: & DIST :BIJAPUR
30. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
KAVALAGI REPRESENTED BY ITS PRESIDENT SHRI
SHRISHAIL S UKKALI AGED ABOUT 52 YEARS OCC: AGRI
R/O KAVALAGI TQ: & DIST :BIJAPUR
31. VYAVASAYA SEVA SAHAKARI SANGHA
DYABERI REPRESENTED BY ITS PRESIDENT SHRI
MOHAMMED ISAQ MULLA AGED ABOUT 45 YEARS OCC:
AGRI R/O DYABERI TQ: & DIST :BIJAPUR
32. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
HONNUTAGI REPRESENTED BY ITS PRESIDENT SHRI
SHRISHAIL SAJJAN AGED ABOUT 42 YEARS OCC: AGRI
R/O HONNUTAGI TQ: & DIST :BIJAPUR
33. THE BIJAPUR TALUKA PRIMARY CO-OP AGRICULTURE
& RURAL DEVELOPMENT BANK, BIJAPUR REPRESENTED BY
ITS PRESIDENT SHRI VEERANAGUDA BIRADAR AGED
ABOUT 65 YEARS OCC: AGRI R/O BABALESHWAR DIST
:BIJAPUR
34. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA
GOLASANGI REPRESENTED BY ITS PRESIDENT SHRI
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MURGESH HEBBAL AGED ABOUT 54 YEARS OCC: AGRI
R/O GOLASANGI TQ. B BAGEWADI
DIST :BIJAPUR,
(BY SRI SANGANAGOUDA V BIRADAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA & ORS
REP. BY ITS SECRETARY DEPARTMENT OF COOPERATION
GOVERNMENT OF KARNATAKA, BANGALORE-560001
2. THE DIRECTOR OF CO-OPERATIVE AUDIT
NO.17, JAYA NIVAS, SHANKAR MUTT ROAD
BASAVANAGUDI, BANGALORE-560004
BANGALORE CITY
3. THE DEPUTY DIRECTOR OF CO-OPERATIVE AUDIT
TUMKUR DISTRICT-72101 TUMKUR.
....RESPONDENTS
(BY SRI MANVENDRA REDDY, GA)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO DECLARE THAT THE SECOND PROVISO TO
SUB-SECTION (1) OF SECTION 63 OF THE KCS ACT AS
AMENDED BY SECTION 34 OF THE KARNATAKA ACT
NO.03/2013 BY THE FIREST RESPONDENT PUBLISHED IN
THE KARNATAKA GAZETTEE DATED 11.1.2013, MARKED
AS ANNEXURE-B, AS UNCONSTITUTIONAL AND VOID.
THESE WRIT PETITIONS COMING ON FOR ORDERS
THIS DAY THE COURT MADE THE FOLLOWING:-
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ORDER
The question involved in these writ petitions is squarely covered by the order passed by this Court in W.P.Nos.79003-79014/2013 (CS-RES) disposed of on 05.07.2013, wherein, the second proviso to sub-Section(1) of Section 63 of Karnataka Co- operative Societies Act, 1959, is declared unconstitutional and void. This Court has said that the said proviso shall not be given effect to and consequently, the communications impugned in those writ petitions were set aside.
In view of the order passed in the aforesaid writ petitions, these writ petitions are allowed as under:
"The second proviso to sub-section (1) of Section 63 of the Karnataka Co-
operative Societies Act, 1959 is declared as unconstitutional and void and shall not be given effect to. Consequently, the
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impugned communications are also set aside"
Sd/-
JUDGE *ck/-