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2026 DAILYLAW 21343 (KAR)

MOODABIDRI CO OPEARATIVE SERVICE SOCIETY v. THE STATE OF KARNATAKA

WP/18446/2023 · 2026-06-08

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27144 WP No. 18446 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 18446 OF 2023 (CS-RES) BETWEEN: 1. MOODABIDRI CO-OPEARATIVE SERVICE SOCIETY R.NO.1634/1916 MOODABIDRI-574 227 DAKSHINA KANNADA REP. BY ITS DIRECTOR SRI. GEORGE MONIS. 2. SRI. GEORGE MONIS AGED ABOUT 67 YEARS 10-288, JYOTHI NAGARA PRANTHYA VILLAGE MOODABIDRI-574 227, 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-560 001. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES STATE OF KARNATAKA ALI ASKER ROAD, BANGALORE-560 052. Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27144 WP No. 18446 of 2023 3. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES MANGALORE SUB-DIVISION DAKSHINA KANNADA DISTRICT CO-OPERATIVE BANK BUILDING K.S.RAO ROAD, KODIYALBAIL MANGALORE-575 003, D.K. …RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA) THIS PETITION IS FILED UNDER ARTICLES 226 & 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, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 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 - 3 - HC-KAR NC: 2026:KHC:27144 WP No. 18446 of 2023 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. 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 - 4 - HC-KAR NC: 2026:KHC:27144 WP No. 18446 of 2023 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 PGG List No.: 1 Sl No.: 26