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IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 15TH DAY OF JULY, 2013

B E F O R E

THE HON’BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

WRIT PETITION NOS.22128-22207/2013 (CS-RES)

BETWEEN: 1. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD HIREGADDE, KOPPA TALUK, CHIKKAMAGALUR DISTRICT -577177 BY ITS CEO: N K LAKSHMI NARAYANA KARANTH, S/O M S KRISHNA MUTHY KARANTH, AGED 57 YEARS.

2. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, HERURU, KOPPA TALUK , CHIKKAMAGALUR DISTRICT -577117 BY ITS CEO: VISHWANATHA K P, S/O PADMANABHAIAH, AGED 38 YEARS.

3. ATHIKODIGE PRATHAMIK KRISHI PATHINA SAHARAKA SANGHA NIYAMIT, BILALUKOPPA, KOPPA TALUK, CHIKKAMAGALUR DISTRICT -577117 BY ITS CEO: NANDA KUMAR K K, S/O KALASAPPA GOWDA, AGED 32 YEARS.

4. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, SHRINGERI, SHRINGERI TALUK, CHIKKAMAGALUR DISTRICT - 577139 BY ITS CEO: B M CHANDRAPPA, S/O MANJAPPA GOWDA, AGED 59 YEARS.

5. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, NEMMURU, SHRINGERI TALUK, 2

CHIKKAMAGALUR DISTRICT-577 139 BY ITS CEO: H S ASHOKA, S/O SUBBE GOWDA, AGED 55 YEARS.

6. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD, KATTEMANE, KALKERE POST, KOPPA TALUK CHIKKAMAGALUR DISTRICT -577126 BY ITS CEO: H S PRABHAKARA, S/O H V SHIVAPPA GOWDA, AGED 41 YEARS.

7. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, KAVADI, SHRINGERI TALUK, CHIKKAMAGALUR DISTRICT -577 139 BY ITS CEO: D K BHARATH, S/O C S KRISHNAPPA GOWDA, AGED 29 YEARS.

8. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT , KESAVE, KOPPA TALUK, CHIKKAMAGALUR DISTRICT -577 126 BY ITS CEO : A S RAMARAJA, S/O SUBBANNAIAH, AGED 41 YEARS.

9. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD, HIREKODIGE, KOPPA TALUK, CHIKKAMAGALUR DISTRICT -577 117 BY ITS CEO:K S VISHWANATH, S/O K B SURAPPA GOWDA, AGED 49 YEARS.

10. BETTAGERE PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, TEKKURU POST, SHRINGERI TALUK, CHIKKAMAGALUR DISTRICT -577139 BY ITS CEO : J S DEVENDRA, S/O C SUBRAYA, AGED 39 YEARS.

11. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, JAYAPURA, KOPPA TALUK , CHICKAMAGALUR DISTRICT - 577126 BY ITS CEO:SHANKARAGOWDA K, S/O KALE GOWDA, AGED 42 YEARS. 3

12. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT , HARIHARAPURA, KOPPA TALUK, CHIKKAMAGALUR DISTRICT- 577 126 BY ITS CEO: S L RAVISHANKAR, S/O LAKSHMINARAYANA, AGED 43 YEARS.

13. ASGODU PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, HOSAKOPPA POST, KOPPA TALUK 577126 CHIKKAMAGALUR DISTRICT, BY ITS CEO: J P SHRIDHAR, S/O M R PUTTAPPAGOWDA, AGED 46 YEARS.

14. PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD ., BEGAR, SHRINGERI TALUK, CHIKKAMAGALUR DISTRICT 577 120 BY ITS CEO:RAJENDRA M D S/O DEVAPPA GOWDA, AGED 35 YEARS.

15. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT , BIKKALI, NILUVAGILU POST, KOPPA TALUK - 577 126 CHIKKAMAGALUR DISTRICT, BY ITS CEO : A D SATHISH, S/O DEVENDRA HEGDE, AGED 36 YEARS.

16. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, HALMATHURU, KOPPA TALUK, CHICKAMAGALRU DISTRICT 577 126 BY ITS CEO: K T ANIL KUMAR, S/O K S THIMMAPPA GOWDA, AGED 35 YEARS.

17. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT , SATHIHALLI, GULLANPETE POST, CHIKKAMAGALUR TALUK & DISTRICT 577 101 BY ITS CEO: H G VIJAYA KUMAR, S/O H S GIDDE GOWDA, AGED 50 YEARS. 4

18. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, MAKONAHALLI, TALUK, CHIKKAMAGALRU DISTRICT 577 132 BY ITS CEO :MOHAMMED ILYAS, S/O ABDUL WAHAB, AGED 55 YEARS.

19. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, AVUTHI, CHIKKAMAGALRU TALUK & DISTRICT 577101 BY ITS CEO: K B NAGARAJ, S/O BOMME GOWDA, AGED 48 YEARS.

20. IDIKINI PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, HIREBAILU POST, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT 577 132 BY ITS CEO: G K KRISHNACHAR, S/O KALACHAR, AGED 57 YEARS .

21. NIDUVALE PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, GABGAL,GABGAL POST, MUDIGERE TALUK, CHIKKAMAGALRU DISTRICT 577 132, BY ITS CEO JAGANNATH S/O B M DEVE GWODA, AGED 53 YEARS.

22. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, , MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 132 BY ITS CEO : SRINIVASA GOWDA, S/O BABU GOWDA, AGED 34 YEARS.

23. B HOSAHALLI PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, PHALGUNI, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT -577 132 BY ITS CEO:B R VENUGOPAL, S/O RAME GOWDA, AGED 42 YEARS.

24. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, SUNKASALE, MUDIGERE TALUK - 577 121 CHIKKAMAGALUR DISTRICT BY ITS CEO: H H YOGESHA, 5

S/O H M HOOVE GOWDA, AGED 40 YEARS.

25. PRATHAMIK KISHI PATHINA SAHAKARA SANGHA NIYAMIT, GONIBEEDU, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT 577 132 BY ITS CEO : N B LALITHA, D/O BYRE GOWDA, AGED 48 YEARS.

26. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, GOWDAHALLI, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT 577 132 BY ITS CEO: S R RAVINDRANATH, S/O RAME GOWDA, AGED 48 YEARS.

27. HALE MUDIGERE PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, MUDIGERE, CHIKKAMAGALUR DISTRICT 577 132 BY ITS CEO: K M JAYARAMU, S/O MANJE GWODA, AGED 55 YEARS .

28. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, , MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT 577 132 BY ITS CEO : G P NISHANTH, S/O PUTTE GOWDA, AGED 32 YEARS.

29. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT , DHARADAHALLI, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT 577 132 BY ITS CEO: H P SUMITHRE GOWDA, S/O PUTTE GOWDA, AGED 47 YEARS.

30. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, BIDARAHALLI, MUDIGEE TALUK, CHIKKAMAGALUR DISTRICT 577132 BY ITS CEO: MANJUNATH M K, S/O KALACHAR, AGED 45 YEARS.

31. TRIPURA PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, GUTHI, MUDIGERE TALUK 577 132 6

CHIKKAMAGALUR DISTRICT, BY ITS CEO : VINUTH A, S/O ANNE GOWDA, AGED 32 YEARS.

32. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, MALLANDUR, CHIKKAMAGALUR TALUK & DISTRICT 577101 BY ITS CEO: B K MUKUNDA, S/O KRISHNA SETTY, AGED 56 YEARS.

33. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, ATHIGUNDU, CHIKKAMAGALRU TALUK & DISTRICT 577 101 BY ITS CEO: U M RAME GOWDA, S/O MALLE GWODA, AGED 43 YEARS.

34. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, KELAGURU, CHIKKAMAGALURU TALUK DISTRICT 577101 BY ITS CEO: H D SRINIVASA, S/O H DUGGAIAH, AGED 51 YEARS .

35. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, KADAVANTHI, CHIKKAMAGALURU TALUK & DISTRICT, BY ITS CEO R KRISHNA, S/O RAMA, AGED 48 YEARS.

36. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, SIRAVASE, CHIKKAMAGALUR TALUK & DISTRICT 577 101 BY ITS CEO: B D RAJESH, S/O D R DANAPPA SHETTY, AGED 28 YEARS.

37. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, HULUVAGILU, CHIKKAMAGALUR TALUK & DISTRICT 577101 BY ITS CEO: U B KUSHALA, W/O B M LOKESH, AGED 34 YEARS.

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38. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, SANGAMESHWARAPETE, CHIKKAMAGALUR TALUK & DISTRICT 577101 BY ITS CEO: KALAVATHI, S/O K G RAMESH, AGED 27 YEARS.

39. VYAVASAYA SAHAKARA SANGHA NIYAMIT, HIREKOLALE, CHIKKAMAGALUR TALUK & DISTRICT 577 101, BY ITS CEO:MANJUNATH GOWDA, S/O ANNE GOWDA, AGED 50 YEARS.

40. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, MELINAHULAVATHI, CHIKKAMAGALUR TALUK & DISTRICT 577 101 BY ITS CEO: K P UMAPATHI, S/O BASAPPA, AGED 49 YEARS.

41. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, INDAVARA, CHIKKAMAGALUR TALUK & DISTRICT 577 101 BY ITS CEO: I E CHANDRASHEKAR, S/O EREGOWDA I K, AGED 50 YEARS .

42. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, THALIHALLA, CHIKKAMAGALUR TALUK & DISTRICT 577 101 BY ITS CEO:L M SHANKARAPPA, AGED 59 YEARS.

43. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, ANURU, CHIKKAMAGALUR TALUK & DISTRICT 577 101 BY ITS CEO: S P JAGANNATH, S/O PUTTASWAME GOWDA, AGED 50 YEARS.

44. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, LAKKYA, CHIKKAMAGALUR TALUK & DISTRICT 577101 BY ITS CEO: H R ANNE GOWDA, S/O RANGE GOWDA, AGED 48 YEARS . 8

45. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, ETTADHAHALLI, THARIKERE TALUK, CHIKKAMAGALUR & DISTRICT 577228 BY ITS CEO B R MAHESHWARAPPA, S/O RUDRAPPA, AGED 43 YEARS .

46. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, LINGADAHALLI, TALUK, CHIKKAMAGALUR DISTRICT 577228 BY ITS CEO: G N CHANDRASHEKARA, S/O NANJAPPA, AGED 36 YEARS.

47. PRATHAMIK KRISHJI PATHINA SAHAKARA SANGHA NIYAMIT, HADIKERE, TARIKERE TALUK CHIKKAMAGALUR DISTRICT 577 228 BY ITS CEO: AMBARISH B S, S/O SHESHAGIRIRAO, AGED 33 YEARS.

48. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, CHIKKANAVANGALA , TARIKERE TALUK, CHIKKAMAGALUR DISTRICT 577 228 BY ITS CEO: S K NAGARAJESH, S/O KALLAPPA, AGED 46 YEARS.

49. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, NERALAKERE, TARIKRE TALUK, CHIKKAMAGALUR DISTRICT 577 228 BY ITS CEO: P B OMKARAPPA, S/O BASAPPA AGED 56 YEARS.

50. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT MUDUGHODU, TARIKERE TALUK CHIKKAMAGALUR DISTRICT 577 228 BY ITS CEO: R N SATHISH, S/O NINGOJI RAO, AGED 35 YEARS.

51. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT KORANAHALLI, TARIKERE TALUK CHIKKAMAGALUR DISTRICT 577 228 9

BY ITS CEO DEVARAJ, S/O M S NAGARAJ AGED 41 YEARS.

52. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, KUDLURU, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT 577228 BY ITS CEO :M R MALLAPPA, S/O M B RUDRAPPA, AGED 50 YEARS.

53. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, SHIVANI R S, TARIKERE TALUK CHIKKAMAGALUR DISTRICT 577228 BY ITS CEO: MAHANTESH B S, S/O B N SIDRAMAPPA, AGED 33 YEARS.

54. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, KARAKUCHI, TARIKRE TALUK, CHIKKAMAGALUR DISTICT 577 228 BY ITS CEO: K P DEVARAJA, S/O MALLAPPA, AGED 44 YEARS.

55. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, BAVIKERE, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT 577 228 BY ITS CEO: G MANJUNATH, S/O M R GOPAL, AGED 40 YEARS.

56. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, DHORANALU, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT 577 228 BY ITS CEO:K N RUDRESH KUMAR, S/O NEELAKANTAPPA, AGED 33 YEARS.

57. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, CHIRANAHALLI, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT 577 228 BY ITS CEO : B T NATARAJA, S/O THIMMAPPA, AGED 48 YEARS.

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58. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, DHODDABHOKIKERE, TARIKERE TALUK, CHIKKAMAGALUR DISTRICT 577 228 BY ITS CEO: N H RAJANAIK, S/O HANUMANTHANAIK, AGED 30 YEARS.

59. SRI REVANASIDDESHWARA PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, TARIKERE, CHIKKAMAGALUR DISTRICT 577228 BY ITS CEO: N S MOHAN RAJA, S/O SHEKARAPPA, AGED 35 YEARS.

60. PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY LTD, GIRIYAPURA, TALUK, CHIKKAMAGALUR DISTRICT 577 550 BY ITS CEO:CHANDRAMOWLI, S/O BEEDI BASAPPA, AGED 50 YEARS.

61. KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, NIDAGHATTA, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550, BY ITS CEO: M MARULAPPA, S/O MAHADEVAPPA, AGED 53 YEARS.

62. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, BANURU, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577 550 BY ITS CEO: K CHANDRAPPA, S/O KENCHAPPA, AGED 50 YEARS.

63. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, KADURAHALLI, KADUR TALUK , CHIKKAMAGALUR DIST 577 550 BY ITS CEO: S G KANTHARAJU, AGED 34 YEARS.

64. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, KERESANTHE, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550 11

BY IT CEO: R GANGADHARA NAIKA, AGED 40 YEARS.

65. VYAVASAYA SEVA SAHAKARA BANK NIYAMIT, PILLENAHALLI, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577 550, BY ITS CEO : OMKARAMURTHY, S/O LATE CHANNABASAPPA, AGED 45 YEARS.

66. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, MARAVANJI, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550 BY ITS CEO: B R PRABHAKARA, S/O B RUDRAPPA, AGED 45 YEARS.

67. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, PANCHANAHALLI, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550 BY ITS CEO: LAKSHMEESHAPPA, S/O T M SHIVARUDRAPPA, AGED 50 YEARS.

68. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, BISALERE, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550 BY ITS CEO: H G LOKESH, S/O GIVNDASWAMY, AGED 29 YEARS.

69. HALU UTPAADHAKARA SAHAKARA SANGHA NIYAMIT, PILLENAHALLI, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577 167, BY ITS CEO: M MALLEDEVARAPPA, S/O N MALLAPPA, AGED 51 YEARS.

70. HALU UTPAADHAKARA SAHAKARA SANGHA NIYAMIT, SHENABINAGUNDI KOPPALU, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577167 BY ITS CEO: MURTHY S B, S/O BASAVARAJAPPA, AGED 42 YEARS.

71. PRATHAMIK KRISHI PATHINA 12

SAHAKARA SANGHA NIYAMIT, SINGATAGERE, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550 BY ITS CEO: R RAVI, S/O RANGAPPA, AGED 42 YEARS.

72. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, GARJE, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550 BY ITS CEO: M V OMKARAPPA, S/O M N BASAVARAJAPPA, AGED 46 YEARS.

73. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, CHOULAHIRIYURU, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550 BY ITS CEO: CHIDANANDA MURTHY C D, S/O DASHARATHA, AGED 26 YEARS.

74. HALU UTPAADHAKARA SAHAKARA SANGHA NIYAMIT, YRADAKERE, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577167, BY ITS CEO: Y M OMKARAPPA, AGED 51 YEARS.

75. HALU UTPAADHAKARA SAHAKARA SANGHA NIYAMIT, PARVATHANAHALLI, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577 167, BY ITS CEO: U RAGHU S/O UMESHAPPA, AGED 33 YEARS.

76. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHA NIYAMIT, ANTHARAGATTA,KADUR TALUK, CHIKKAMAGALUR DISTRICT 577 550 BY ITS CEO: K M PRAVEENA, S/O M MAHESHWARAPPA, AGED 33 YEARS.

77. HALU UTPAADHAKARA SAHAKARA SANGHA NIYAMIT, , YEGATI POST, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577 167 BY ITS CEO: ESHAYYA S/O MALLAPPA, AGED 52 YEARS. 13

78. HALU UTPAADHAKARA SAHAKARA SANGHA NIYAMIT, KERESANTHE, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577167 BY ITS CEO:PARAMESHWARAPPA, S/O NANJAPPA, AGED 41 YEARS.

79. PRATHAMIK KRISHI PATHINA SAHAKARA SANGHAA NIYAMIT, KADUR TALUK, CHIKKAMAGALUR DISTRICT 577550 BY ITS CEO:C HALAPPA, S/O O CHANNAVEERAPPA, AGED 44 YEARS.

80. PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY LTD, , KADURU TALUK, CHIKKAMAGALUR DISTRICT 577550 BY ITS CEO: S OMKARAPPA S/O SHANTHAMALLAPPA, AGED 54 YEARS. ... PETITIONERS

(By Sri JAYAKUMAR S. PATIL, SR.ADV. FOR SRI. MAHESH R UPPIN, ADV.)

AND:

1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPT OF CO-OPERATION, GOVT. OF KARNATAKA, BANGALORE 560 001.

2. THE DIRECTOR OF CO-OPERATIVE AUDIT, NO.17, JAYA NIVAS, SHANKER MUTT ROAD, BASAVANAGUDI, BANGALORE 560 009.

3. DEPUTY DIRECTOR OF CO-OPERATIVE AUDIT, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR 577 101. ... RESPONDENTS

(BY SRI K.A. ARIGA, AGA)

THESE PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO DECLARE THAT THE 2ND PROVISO TO SUB-SEC.(1) OF SEC.63 OF THE KCS ACT, AS 14

AMENDED BY S.34 OF THE KARNATAKA ACT NO.3/2013 BY THE FIRST RESPONDENT PUBLISHED IN THE KARNATAKA GAZETTER DATED.11.01.2013 VIDE ANNEXURE-B AS UNCONSTITUTIONAL AND VOID.

THESE PETITIONS COMING ON FOR FURTHER HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Main prayer in these writ petitions is for a declaration that the second proviso to sub-section (1) of S.63 of the

Karnataka Co-operative Act, 1959 (for short, the Act), as

amended by S.34 of Karnataka Act No.3 of 2013, as unconstitutional and void and for quashing of the consequential communications – panels of Auditors, sent by the Director of Co-operative Audit and for grant of consequential reliefs.

2. Heard the learned advocates on both the sides.

3. Seeking identical reliefs, certain co-operative societies, registered under the Act, had filed

W.P.Nos.79003-79014/2013. After hearing, the following questions were raised therein, for determination: 15

(i) Whether restricting the choice of a Co-operative Society to a panel of auditors and auditing firms, not exceeding ten, by the second proviso to sub-section (1) of Section 63 of the Act is arbitrary and violative of the proviso to clause (3) of Article 243ZM of the Constitution? Whether the restriction is also violative of Article 19(1)(c) & (g) of the Constitution?

(ii) Whether the impugned communications restricting the choice of a Co-operative Society to a panel of three Auditors/Auditing firms is illegal?

Upon consideration of the rival contentions and while allowing the writ petitions on 05.07.2013, it has been held as follows:

“ 9. In my opinion, the restriction imposed by the second proviso to sub-section (1) of Section 63 of the Act restricting the choice of a Co-operative Society to choose an Auditor or an Auditing firm from a panel of auditors & auditing firms, not exceeding ten, is arbitrary and violative of Article 14 of the Constitution . It is also violative of the proviso to clause (3) of Article 243ZM of the Constitution as the said constitutional proviso provides for a panel for the State i.e. one panel for the State and also gives a choice to every co-operative Society to choose any of the eligible auditors or auditing firms from the said panel. Hence, providing separate panels of a few names to every Co- operative Society in the State as per the impugned proviso is violative of the constitutional proviso . Though under Section 13(2) of the General Clauses Act, 1897 , words in the singular shall include the plural, and vice versa, the context does not admit of such a interpretation of the constitutional proviso i.e. permitting plurality of 16

panels, like giving separate panels of a few names to every Co- operative Society in the State as is done now. Any law which contravenes the Constitutional provisions is unconstitutional and void. Therefore, the second proviso to sub-section (1) of Section 63 of the Act which restricts the choice of a Co-operative Society to choose an auditor or an auditing firm from a panel, not exceeding ten, is unconstitutional and void being violative of Article 14 and the proviso to clause (3) of Article 243ZM of the Constitution . Consequently, the communication sent to each of the petitioners giving a panel of only three names of auditors & auditing firms to select any one of them from the said panel to audit the accounts of their respective Co- operative Societies is also illegal. In the view I have taken, it is unnecessary to examine the contention re. violation of the fundamental rights under Articles 19(1)(c) & (g) of the Constitution . For the reasons stated above, I make the following order:

The second proviso to sub-section (1) of Section 63 of the Karnataka Co-operative Societies Act, 1959 is declared as unconstitutional and void and shall not be given effect to. Consequently, impugned communications are also set aside. ”

4. Perused the aforesaid Order. It is trite that a prior decision of this Court on identical facts and law binds the Court on the same points in a later case. Here, I have an Order, admittedly rendered on facts and law, indistinguishably identical, and that Order must bind.

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Following the Order, noticed supra, these writ petitions are allowed. Since sub-section (1) of S.63 of the Act,

as amended by S.34 of Karnataka Act No.3 of 2013 having already been declared as unconstitutional, void and be not given effect to, it is unnecessary to grant the declaratory relief prayed in these petitions. However, in view of the Order, noticed supra, the impugned panels of auditors vide Annexures- C1

to C80 being arbitrary are quashed. Consequently, the petitioners shall get their accounts audited, in accordance with law.

No costs.

Sd/- JUDGE

sac*