In the High Court of Karnataka Circuit Bench at Dharwad
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WRIT PETITION Nos.80344-80365/2013 : 1 : IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 10 TH DAY OF JULY 2013 BEFORE THE HON’BLE MR.JUSTICE H.G.RAMESH Writ Petition Nos. 80344-80365/2013 (CS-RES) BETWEEN 1. THE SULTANAPUR HALU UTPADAKARA SAHAKARI SANGH NIYAMIT SULTANAPUR, AT POST: SULTANAPUR, TQ: RAIBAG, DIST: BELGAUM BY ITS SECRETARY, SHRI MALLAPPA S/O. BALAPPA GUJANAKATTI, AGE: 50 YEARS, 2. HANDIGUND HALU UTPADAKARA SAHAKARI SANGH NIYAMIT HANDIGUND, AT POST: HANDIGUND, TQ: RAIBAG DIST: BELGAUM BY ITS SECRETARY SHRI BASAVARAJ S/O. BASALINGAPPA HOSUR, AGE: 49 YEARS, 3. KAMALADINNI HALU UTPADAKARA SAHAKARI SANGH NIYAMIT KAMALADINNI, AT POST: KAMALADINNI, TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI HANUMANTH S/O. SIDDAPPA BELAGALI, AGE: 53 YEARS, 4. THE SHINDIKURABETA HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, SHINDIKURBETA, AT POST: SHINDIKURBETA TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI ADIVESH WRIT PETITION Nos.80344-80365/2013 : 2 : S/O. RAMACHANDRA KALYAGOL AGE: 42 YEARS, 5. DURADUNDI HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, DURDUNDI , AT POST: DURADUNDI TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI SIDDAPPA S/O. SIDDRAMA BHANDI, AGE: 42 YEARS, 6. RAJAPUR HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, RAJAPUR , AT POST: RAJAPUR TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI GOPAL S/O. RAMACHANDRA ATHANI, AGE: 30 YEARS, 7. BASAVANAGAR HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, BASAVANAGAR , AT POST: BASAVANAGAR TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI PARASAPPA S/O. RAMAPPA RUGI AGE: 26 YEARS, 8. PAMALADINNI HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, PAMALADINNI , AT POST: PAMALADINNI TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI LAXMAN S/O. SATYAPPA SAMPAGAR AGE: 38 YEARS, 9. KUDDAGOL THOTA HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, KUDDAGOL, AT POST: KUDDAGOL TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI BASAVARAJ S/O. KALLAPPA JHARI AGE: 21 YEARS, 10. HALLUR HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, HALLUR , AT POST: HALLUR WRIT PETITION Nos.80344-80365/2013 : 3 : TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI BASAPPA S/O. SIDDAPPA PALBHAVI AGE: 49 YEARS, 11. MUNYAL HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, MUNYAL , AT POST: MUNYAL TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI RANGAPPA S/O. BHIMAPPA NAIK AGE: 55 YEARS, 12. BADIGAWAD HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, BADIGAWAD , AT POST: BADIGAWAD TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI BASAVANNI YALLAPPA KUDDAMME AGE: 47 YEARS, 13. BETAGERI HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, BETAGERI , AT POST: BETAGERI TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI NINGAPPA S/O. APPANNA NEELANAVAR AGE: 48 YEARS, 14. KALLOLLI HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, KALLOLLI , AT POST: KALLOLLI TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI CHANDRASHEKAR S/O. IRAPPA LATTI AGE: 25 YEARS, 15. BAGARANAL HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, BAGARANAL , AT POST: BAGARANAL TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI RAMESH S/O. BASAPPA KALUNGAR AGE: 25 YEARS, WRIT PETITION Nos.80344-80365/2013 : 4 : 16. MAMADAPUR HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, MAMADAPUR , AT POST: MAMADAPUR TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI IRAYYA S/O. MAHADEVAYYA HIREMATH AGE: 35 YEARS, 17. RADDERATTI HALU UTPADAKARA SAHAKARI SANGH NIYAMIT, RADDERATTI , AT POST: RADDERATII TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI SHIVABASAYYA S/O. BASAYYA HIREMATH AGE: 39 YEARS, 18. RADDERATTI PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., RADDERATTI , AT POST: RADDERATTI, TQ: GOKAK, DIST: BELGAUM BY ITS CHIEF EXECUTIVE OFFICER SHRI SHIVABASAYYA S/O. BASAYYA HIREMATH AGE: 39 YEARS, 19. MARADI SHIVAPUR HALU UTPADAKARA SAHAKARI SANGH NIYAMIT MARADI SHIVAPUR AT POST: MARADI SHIVAPUR TQ: GOKAK, DIST: BELGAUM BY ITS SECRETARY SHRI MALLAPPA M KHADAKBHAVI AGE: 47 YEARS, 20. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MUDALAGI, AT POST: MUDALAGI, TQ: GOKAK, DIST: BELGAUM BY ITS CHIEF EXECUTIVE OFFICER, SHRI ADIVAPPA S/O. BHIMAPPA KOLAVI, AGE: 53 YEARS, 21. YADAWAD PRIMARY AGRICULTURAL CREDIT SOCIETY LTD., YADAWAD, AT POST: YADAWAD, TQ: GOKAK, DIST: BELGAUM BY ITS CHIEF EXECUTIVE OFFICER, SHRI SUBHAS G. CHIPPALAKATTI, WRIT PETITION Nos.80344-80365/2013 : 5 : AGE: 51 YEARS, 22. THE GOKAK MILLS EMPLOYEES CONSUMERS CO-OPERATIVE SOCIETY LTD., GOKAK, AT POST: GOKAK TQ: GOKAK, DIST: BELGAUM BY ITS MANAGER, SHRI SHIVANAND S SAVALGIMATH AGE: 55 YEARS, ..... PETITIONERS (BY SRI GANGADHAR S HOSAKERI, ADVOCATE) AND 1. THE STATE OF KARNATAKA R/BY ITS SECRETARY DEPT. OF CO-OPERATION GOVT. OF KARNATAKA BANGALORE 2. THE DIRECTOR OF CO-OPERATIVE AUDIT NO. 17, JAYA NIVAS SHANKER MUTT ROAD,. BASAVANAGUDI, BANGALORE 3. ASSISTANT DIRECTOR DEPARTMENT OF CO-OPERATIVE AUDIT, CHIKODI, TQ: CHIKODI, DIST:BELGAUM 4. ASSISTANT DIRECTOR DEPARTMENT OF CO-OPERATIVE AUDIT, BAILHONGAL, TQ: BAILHONGAL DIST:BELGAUM ..... RESPONDENTS (BY SRI Y.V. RAVIRAJ, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE 2 ND PROVISO TO SUB-SECTION (1) OF SECTION 63 OF THE KCS ACT AS AMENDED BY SECTION 34 WRIT PETITION Nos.80344-80365/2013 : 6 : OF THE KARNATAKA ACT NO.03 OF 2013 BY THE 1 ST RESPONDENT PUBLISHED IN THE KARNATAKA GAZETTE DATED 11/01/2013, AS ANNEXURE-B AS UNCONSTITUTIONAL AND VOID AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER H.G.RAMESH, J. (Oral): Heard. In view of the order dated 05.07.2013 passed by this Court in similar writ petitions in W.P.Nos.79003-79014/2013, the communications sent to each of the petitioners herein giving a panel of the names of three auditors/auditing firms to select any one of the names from the said panel to audit the accounts of their respective Co-operative Societies are set aside. Petitions allowed. Sd/- JUDGE Naa.