- 1 - NC: 2025:KHC:12420 WP No. 36059 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36059 OF 2024 (CS-RES) BETWEEN: 1. PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD MOSALEHOSAHALLI, HASSAN TALUK, HASSAN DISTRICT-573201 REPRESENTED BY ITS DIRECTOR SRI.H.S.SWAMY GOWDA S/O. SUBBEGOWDA AGED ABOUT 62 YEARS, 2. SRI. M.R.NAGARAJA S/O. RAMAKRISHNEGOWDA, AGED ABOUT 59 YEARS, R/AT MARKULI VILLAGE, HASSAN TALUK, MARKULI POST, SHANTHIGRAMA HOBLI, HASSAN DISTRICT-573212. …PETITIONERS (BY SRI. NINGARAJA M.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S.BUILDING, AMBEDKAR VEEDHI, BANGALORE -560001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12420 WP No. 36059 of 2024 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BANGALORE -560052 3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES HASSAN SUB DIVISION HASSAN-573201. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO STRIKE DOWN PROVISION OF SECTION 12(6) OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT 1959 AS BEING UNCONSTITUTIONAL VIDE ANNX-E, QUASHING THE ORDER DTD 5.10.2024 BEARING NO. SANI28/NONDANI/KALAM 12(6) 2023-24 PASSED BY THE R-3 VIDE ANNX-C, GRANT AN INTERIM ORDER TO STAYING THE ORDER DTD 5.10.2024 BEARING NO. SANI28/NONDANI/KALAM 12(6) 2023-24 PASSED BY THE R-3 VIDE ANNX-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this court seeking for the following reliefs; "a. Strike down provision of section 12(6) of the Karnataka Co-operative Societies Act, 1959, as being unconstitutional vice Annexure-E. b. Issue writ of Certiorari quashing the order dated 05.10.2024 bearing No.SANI28/NONDANI/ KALAM 12 (6) 2023-24 passed by the Respondent No.3 Vide Annexure-C. - 3 - NC: 2025:KHC:12420 WP No. 36059 of 2024 c. Issue any writ or order or direct as this Hon'ble court deems fit under the circumstances of the case." 2. Learned counsel for petitioners has filed a memo stating that he would not press Player-A. 3. The memo is accepted. The Prayer-A is deleted from the prayer column. 4. Learned counsel for petitioners submits that the order passed by this Court in WP No.30242/2024 dated 22.11.2024 would be applicable to these proceedings. The Respondent Registrar has not provided any opportunity to the Society to consider the proposed amendment suggested by Registrar under Section 12(5) without doing so amendment could not be effected by the Registrar under Section 12(6). This Court has dealt with the above issue in the above matter and has categorically come to a conclusion that a direction under sub-section (6) of Section 12 could not be issued without following the procedure under Section 12 (5). - 4 - NC: 2025:KHC:12420 WP No. 36059 of 2024 5. In that view of the matter, I pass the following; O R D E R (i) Writ Petition is allowed. (ii) A certiorari is issued, the order dated 05.10.2024 bearing No.SANI28/NONDANI/ KALAM 12(6) 2023-24 passed by respondent No.3 under Section 12 (6) is quashed. SD/- (SURAJ GOVINDARAJ) JUDGE AMM List No.: 1 Sl No.: 62