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2026 DAILYLAW 20474 (KAR)

THE PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY v. THE STATE OF KARNATAKA

WP/21900/2023 · 2026-06-04

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26521 WP No. 21746 of 2023 C/W WP No. 21900 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.21746 OF 2023(CS-RES) C/W WRIT PETITION NO.21900 OF 2023(CS-RES) IN WP No. 21746/2023 BETWEEN: THE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, JAYAPURA, JAYAPURA POST, KOPPA TALUK, CHIKKAMAGALUR DIST-577123, REGISTERED UNDER KARNARTAKA CO-OPERATIVE SOCIETIES ACT, 1959, REPRESENTED BY ITS PRESIDENT SRI. D.B. RAJENDRA S/O. BOBEGOWDA, AGED ABOUT 63 YEARS. …PETITIONER (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA. DEPARTMENT OF CO-OPERATION. VIKASA SOUDHA. BANGALORE-560001. REP. BY ITS SECRETARY. 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26521 WP No. 21746 of 2023 C/W WP No. 21900 of 2023 ALI ASKER ROAD, BANGALORE-560 052. 3. THE ASSISTANT REGISTRAR , CO-OPERATIVE SOCIETIES, CHIKKAMAGALUR SUB-DIVISION, NEAR ZILLA PANCHAYAT, K.M. ROAD, CHIKKAMAGALURU-577101. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 129A AND SECTION 16(2)(4) AND (8) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRES TO ARTICLE 19(1)(c), ARTICLE 43B OF THE CONSTITUTION OF INDIA AND ETC., IN WP NO. 21900/2023 BETWEEN: THE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY, HIREGADDE, KOPPA TALUK, CHIKKAMAGALUR DISTRICT-577117, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959, REP BY ITS PRESIDENT SMT. SHWETHA H. N., S/O NARAYANA H. C., AGED ABOUT 45 YEARS. ...PETITIONER (BY SRI. VARUN JAYKUMAR PATIL, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:26521 WP No. 21746 of 2023 C/W WP No. 21900 of 2023 AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO OPERATION, VIKAS SOUDHA, BANGALORE-560001, REP. BY ITS SECRETARY. 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALORE-560052. 3. THE ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES, CHIKKAMAGALUR SUB-DIVISION, NEAR ZILLA PANCHAYAT, K M ROAD, CHIKKAMAGALURU-577101. ...RESPONDENTS (BY SMT. SPOORTHI. V, HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT SECTION 129A AND SECTION 16(2)(4) AND (8) OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 IS ULTRA VIRES TO ARTICLE 19(1)(C), ARTICLE 43B OF THE CONSTITUTION OF INDIA AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:26521 WP No. 21746 of 2023 C/W WP No. 21900 of 2023 ORAL ORDER The petitioner No.1 is a Co-operative Society. The State has published model bye-laws and have directed the petitioner - Society to adopt the same. The said direction has been issued in pursuance of the direction issued by Central Government. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that, the model bye-laws of the co-operative society contemplates 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 has 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. - 5 - HC-KAR NC: 2026:KHC:26521 WP No. 21746 of 2023 C/W WP No. 21900 of 2023 3. The learned Additional Government Advocate appearing for the respondents has no objection for the same. 4. For the aforementioned reasons, I do not see any reason why the order passed by the Co-ordinate Bench of this Court in W.P.No.16067/2023 should not enure to the benefit of the petitioner - Society herein. 5. 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 MCR List No.: 1 Sl No.: 48