High Court of Karnataka Hears Batch of Petitions Seeking Declaration that Section 128A of Karnataka Co-operative Societies Act, 1959 is Unconstitutional. The Petitioners, Various Co-operative Societies, Seek to Invalidate the New Provision Introduced by Amendment Act 27/2023, Alleging Violation of Constitutional Principles.

High Court: Karnataka High Court Bench: BENGALURU
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Case Note & Summary

The High Court of Karnataka heard a batch of 47 writ petitions filed by various district cooperative societies, including Uppinangady Co-operative Agricultural Society Limited and others, challenging the constitutional validity of Section 128A of the Karnataka Co-operative Societies Act, 1959. The provision was inserted by Karnataka Act No. 27 of 2023. The petitioners sought a declaration that Section 128A is unconstitutional, void, not enforceable and non-operative, alleging violation of constitutional principles. The respondents were the State of Karnataka, the Secretary of the Department of Co-operative, and the Registrar of Co-operative Societies. The Advocate General appeared for the State along with Additional Government Advocate, while senior counsels represented interveners. The matter came up for hearing before a single bench of Justice Anant Ramanath Hegde on August 8, 2024. The court's order or decision was not recorded in the provided text; the extract only contained the listing of cases and parties.

Issue of Consideration

Whether Section 128A of the Karnataka Co-operative Societies Act, 1959, introduced by Karnataka Act No. 27 of 2023, is unconstitutional and void.

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Case Details

2024 LawText (KAR) (08) 16

Writ Petition No. 26102 of 2023 (CS-RES) c/w Writ Petition Nos. 27810, 27813, 27814, 27847, 27849, 27851, 27853, 27888, 27898, 27904, 27926, 27979, 27988, 27994, 27995, 28013, 28014, 28016, 28028, 28089, 28119, 28229, 28231, 28235, 28242, 28246, 28252, 28273, 28278, 28281, 28284, 28285, 28297, 28341, 28353, 28384, 28397, 28646 of 2023 (CS-RES), 7450, 7451, 7452, 7490, 7552, 7566, 8460 of 2024 (CS-RES)

2024-08-08

Justice Anant Ramanath Hegde

Sri Keshava Bhat A (for petitioners), Advocate General K. Shashikiran Shetty with AGA Siddharth Babu Rao (for respondents), Senior Counsels M.R. Rajagopal, B.V. Shankaranarayana Rao, and T.L. Kiran Kumar for interveners

Uppinangady Co-operative Agricultural Society Limited, Jagadeesh Rao M., Yashavantha G., K. Gopalakrishna Bhat and others

State of Karnataka and others

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Nature of Litigation

Public interest / Constitutional litigation challenging the vires of a state amendment

Remedy Sought

Petitioners seeking a declaration that Section 128A of the Karnataka Co-operative Societies Act, 1959, as introduced by Karnataka Act No. 27/2023, is unconstitutional, void, not enforceable and non-operative.

Filing Reason

The introduction of Section 128A by the amendment allegedly violates constitutional provisions, affecting the functioning of cooperative societies.

Issues

Whether Section 128A of the Karnataka Co-operative Societies Act, 1959, introduced by Karnataka Act No. 27 of 2023, is unconstitutional and void.

Acts & Sections

  • Karnataka Co-operative Societies Act, 1959: Section 128A
  • Constitution of India: Article 226
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