HOSABETTU CO-OPERATIVE SOCIETY v. THE STATE OF KARNATAKA
WP/18558/2023 · 2026-06-05
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20385 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20385 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26914 WP No. 18558 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 18558 OF 2023 (CS-RES) BETWEEN:
1.
HOSABETTU CO -OPERATIVE SOCIETY, R NO.4585/1919-20, POST HOSABETTU-574227, MOODABIDRI TALUK, DAKSHINA KANNADA, REPRESENTED BY ITS PRESIDENT SRI PADMA PRASAD JAIN.
(REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT).
2.
SRI PADMA PRASAD JAIN, S/O HEMACHANDRA JAIN, AGED ABOUT 49 YEARS, R/AT NO.2-102, BAVADABAILU PUCHHAMOGURU-574237, D K. …PETITIONERS (BY SRI CHANDRANATH ARIGA K, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIKAS SOUDHA, BANGALORE-560001.
2.
REGISTRAR OF CO-OPERATIVE SOCIETIES, STATE OF KARNATAKA, ALI ASKER ROAD, BANGALORE-560052.
3.
THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES,
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26914 WP No. 18558 of 2023
MANGALORE SUB- DIVISION, DAKSHINA KANNADA DISTRICT, CO-OPERATIVE BANK BUILDING K S RAO ROAD, KODIYALBAIL, MANGALORE-575003, D K. …RESPONDENTS (BY SRI YOGESH D NAIK, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 129A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT IS ULTRA VIRES TO ARTICLE 19(1)(c), ARTICLE 43B OF THE CONSTITUTION OF INDIA AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
Learned counsel for the petitioners submits that, though he has challenged the vires of Section 129A of the Karnataka Co-operative Societies Act, 1959, he does not press the same. The submission is placed on record.
2. The petitioner No.1 is a Co-operative Society. The State has published model bye-laws and has directed the petitioner - Society to adopt the same. The said direction has been issued in pursuance of the direction
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HC-KAR NC: 2026:KHC:26914 WP No. 18558 of 2023
issued by the Central Government. Aggrieved by the same, the present writ petition is filed.
3. The case of the petitioner is that, the model bye-laws of the Co-operative Society contemplate several functions, and much of the functions are irrelevant for the petitioner - Society, as the same falls outside its purview, for which it has been constituted. It is further submitted that under similar circumstances, the Co-ordinate Bench of this Court in W.P.No.16067/2023 passed an order, wherein, the petitioner - Society is given the liberty to adopt the model bye-laws wherever relevant and not otherwise. It is submitted that the present writ petition may also be disposed of on similar terms.
4. The learned Additional Government Advocate appearing for the respondents has no objection for the same.
5. For the aforementioned reasons, I do not see any reason why the order passed by the Co-ordinate
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HC-KAR NC: 2026:KHC:26914 WP No. 18558 of 2023
Bench of this Court in W.P.No.16067/2023 should not enure to the benefit of the petitioner - Society herein.
6. Hence, the writ petition is disposed of in terms of the order passed by this Court in W.P.No.16067/2023.
Sd/- (M.I.ARUN) JUDGE
CHS List No.: 1 Sl No.: 30