- 1 -

IN THE HIGH COURT OF CIRCUIT BENCH AT GULBARGA

DATED THIS THE 26 TH DAY OF JULY, 2013

BEFORE

THE HON’BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR

WRIT PETITION NO.101715/2013 (CS-RES) C/W. WRIT PETITION NOS.101728-101732 & 101790/2013, 101752-101783/2013, 101622/2013, 101616/2013, 101784/2013, 101617-101621 & 101641-101669/2013 (CS-RES)

WRIT PETITION NO.101715/2013

BETWEEN :

NARANJA SAHAKARI SAKKARE KARKHANE LTD., IMMAPUR, TQ & DIST: BIDAR. REPRESENTED BY ITS MANAGING DIRECTOR, BHIMARAO APRANJI ,S/O LATE SRINIVAS RAO, AGE: 56 YEARS, OCC: MANAGING DIRECTOR, NARANJA SAHAKARI SAKKARE KARKHANE LTD., IMAMPUR, TQ & DIST: BIDAR. R/O: QUARTERS NO.A4, NARANJA SSK LTD., PREMISES, IMAMPUR, TQ & DIST: BIDAR. …..PETITIONER ( BY SRI AMRESH.S.ROJA, ADVOCATE) - 2 -

AND :

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS, THE PRINCIPAL SECRETARY, DEPARTMENT OF CO0-OPERATIVE, M.S.BUILDING, BANGALORE-560001.

2. THE DIRECTOR CO-OPERATIVE AUDIT, NO.17, JAYA NIVAS, SHANKARMATH ROAD, BASVANAGUDI, BANGALORE-560004.

3. REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKER ROAD, BANGALORE-01.

4. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, BIDAR-585401.

5. THE DEPUTY DIRECTOR, CO-OPERATIVE SOCIETIES, BIDAR-585401. …..RESPONDENTS

(BY SRI MANVENDRA REDDY, GA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO STRUCT DOWN THE 2 ND PROVISO TO SUB-SECTION 1 OF SECTION 63 OF THE KARNATAKA CO-OPERATIVE SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY THE STATE GOVERNMENT IS ULTRA VIRUS, SINCE IT IS NOT IN INCONFORMITY WITH THE ARTICLE 243ZM R/W ARTICLE 19 OF THE CONSTITUTION OF INDIA. - 3 -

WRIT PETITION NOs.101728-732 & 101790/2013

BETWEEN :

1. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., DEODURGA. TQ: DEODURGA, DIST: RAICHUR. BY ITS CHIEF EXECUTIVE OFFICER, MANOHAR S/O DEVENDRAPPA, AGE: 57 YEARS, R/O; DEODURGA, TQ: DEODURGA, DIST: RAICHUR-584101.

2. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., SUNNADKAL. TQ: DEODURGA, DIST: RAICHUR. BY ITS CHIEF EXECUTIVE OFFICER, RAVIKUMAR S/O SHIVASHARNAPPA, AGE: 42 YEARS, R/O; SUNNADKAL, TQ: DEODURGA, DIST: RAICHUR-584101.

3. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., ARKERA. TQ: DEODURGA, DIST: RAICHUR. BY ITS CHIEF EXECUTIVE OFFICER, SHEKAHARAPPA S/O RAMANNA, AGE: 56 YEARS, R/O; ARKERA, TQ: DEODURGA, DIST: RAICHUR-584101.

4. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., MUSTOOR. TQ: DEODURGA, DIST: RAICHUR. BY ITS CHIEF EXECUTIVE OFFICER, MALLIKARJUN S/O SHIVALINGAPPA, AGE: 56 YEARS, R/O; MUSTOOR, TQ: DEODURGA, DIST: RAICHUR-584101. - 4 -

5. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., RAMDURGA. TQ: DEODURGA, DIST: RAICHUR. BY ITS CHIEF EXECUTIVE OFFICER, AMEREGOUDA S/O BASANGOUDA, AGE: 56 YEARS, R/O; RAMDURGA, TQ: DEODURGA, DIST: RAICHUR-584101.

6. PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD., GABBUR. TQ: DEODURGA, DIST: RAICHUR. BY ITS CHIEF EXECUTIVE OFFICER, BUDAYYA SWAMY S/O BASAWRAJ, AGE: 57 YEARS, R/O; GABBUR, TQ: DEODURGA, DIST: RAICHUR-584101. …..PETITIONERS ( BY SRI A.M.NAGRAL, ADVOCATE)

AND :

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS, THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING, BANGALORE-560001.

2. THE DIRECTOR CO-OPERATIVE AUDIT, NO.17, JAYA NIVAS, SHANKARMATH ROAD, BASVANAGUDI, BANGALORE-560004.

3. REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKER ROAD, BANGALORE-01. - 5 -

4. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, RAICHUR-584101.

5. THE DEPUTY DIRECTOR, CO-OPERATIVE SOCIETIES, RAICHUR-584101.

…..RESPONDENTS ( BY SRI MANVENDRA REDDY, GA)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE STRUCT DOWN THE 2 ND PROVISO TO SUB-SECTION 1 OF SECTION 63 OF THE KARNATAKA CO- OPERATIVE SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY THE STATE GOVERNMENT IS ULTRA VIRUS, SINCE IT IS NOT IN INCONFORMITY WITH THE ARTICLE 243ZM R/W ARTICLE 19 OF THE CONSTITUTION OF INDIA.

WRIT PETITION NOs.101752-101783/2013

BETWEEN:

1. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGH, ARKERI, REPRESENTED BY ITS PRESIDENT SHRI. GOUDAPPA A.PATIL, AGE:40, OCC: AGRICULTURE, R/O ARAKERI, TQ. & DIST. .

2. INDI TALUKA PRATHAMIKA KRISHI AND RURAL DEVELOPMENT BANK, REPRESENTED BY ITS PRESIDENT SHRI BASAVANNA M. KORE, AGE:65, OCC: AGRICULTURE, - 6 -

R/O INDI, TQ. INDI, DIST.BIJAPUR.

3. BIJAPUR DISTRICT INDUSTRIAL SUPPLY AND MARKETING CO-OPERATIVE SOCIETY, BIJAPUR, REPRESENTED BY ITS PRESIDENT SHRI. S.M. PATIL, AGE:58 YEARS, OCC: AGRI, R/O BIJAPUR-586101.

4. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGH LTD., JAGAJEEVANI REPRESENTED BY ITS PRESIDENT SHRI. KALLANGOUDA BL.PATIL, AGE:48 YEARS, OCC: AGRI, R/O INDI, TQ. INDI, DIST. BIJAPUR.

5. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA LTD., GUNAKI, REPRESENTED BY PRESIDENT SHRI MALLANGOUDA S. PATIL, AGE:48 YEARS, OCC: AGRI, R/O GUNAKI, TQ. & DIST. BIJAPUR.

6. PRATHAMIKA KRISHI SAHAKARI SANGHA, TIDAGUNDI, REPRESENTED BY ITS PRESIDENT SHRI SIDDARAY TILYAL, AGE:45 YEARS, OCC: AGRI., R/O BIJAPUR.

7. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, BARATAGI, REPRESENTED BY ITS PRESIDENT SHRI. SHASHIKANT B.PATIL, AGE:58 YEARS, OCC: AGRI., R/O BIJAPUR.

8. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, JAMBAGI (A), - 7 -

REPRESENTED BY ITS PRESIDENT SHRI BASAVARAJ R.DINDAWAR, AGE:53 YEARS, OCC: AGRI., R/O JAMBAGI, TQ. & DIST. BIJAPUR.

9. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, DOMNAL, REPRESENTED BY ITS PRESIDENT SHRI RUDRAGOUDA A PATIL, AGE:62 YEARS, OCC: AGRI. R/O DOMNAL, TQ. & DIST. BIJAPUR.

10. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA KANNUR, REPRESENTED BY ITS PRESIDENT SMT. SHANKARGOUDA S PATIL, AGE:52 YEARS,, OCC: AGRI., R/O KANNUR, TQ. & DIST. BIJAPUR.

11. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, BARADOL REPRESENTED BY ITS PRESIDENT SHRI. SRISHAIL S BIRADAR, AGE:39 YEARS, OCC: AGRI, R/O BARADOL, TQ. INDI, DIST. BIJAPUR

12. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, DEVARNIMBARGI, REPRESENTED BY ITS PRESIDENT SHRI RAMGONDAPPA O BNIRADAR, AGE:65 YEARS, OCC: AGRI. R/O DEVANIMBARGI, TQ. INDI, DIST. BIJAPUR.

13. PRATHAMIKA KRISHI PATTINA SAHKARI SANGHA,BOMMANALI, REPRESENTED BY ITS PRESIDENT SHRI KASHINATHGOUDA PATIL, - 8 -

AGE:62 YEARS, OCC: AGRI. R/O BOMMANALLI, TQ. INDI, DIST. BIJAPUR.

14. SHRI KARIBASAVA SHIVACHARYA PATTINA SAHAKARI SANGH LTD., BARADOL, REPRESENTED BY ITS PRESIDENT SHRI SRISHAIL S BIRADAR, AGE:39 YEARS, OCC: AGRI., R/O BARADOL, TQ. INDI, DIST. BIJAPUR.

15. JAIBHAVANI MULTIPURPOSE CO-OPERATIVE SOCIETY LTD.,BIJAPUR, REPRESENTED BY ITS PRESIDENT SHRI C.B.HIREMATH, AGE:51 YEARS, OCC: AGRI., R/O B-100, BHAVASAR NAGAR, BIJAPUR-586101.

16. DISTRICT HORTICULTURE PRODUCE GROWERS CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LTD. BIJAPUR, REPRESENTED BY ITS PRESIDENT SHRI S.V.PATIL AGE:61 YEARS, R/O ANAND MAHAL, BIJAPUR-586101.

17. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,DAVALAGI, REPRESENTED BY ITS PRESIDENT SHRI BAPUGOUDA H PATIL AGE:50 YEARS, OCC: AGRI R/O DAVALAGI, TQ. MUDDEBIHAL, DIST. BIJAPUR.

18. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, KAVADIMATTI, REPRESENTED BY ITS PRESIDENT - 9 -

SHRI BASANGOUDA S PATIL, AGE:55 YEARS, OCC: AGRI R/O KAVADIMATTI, TQ. MUDDEBIHAL, DIST. BIJAPUR.

19. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, BALABHATTI, REPRESENTED BY ITS PRESIDENT SHRI IMAMSAB H.BALABATTI, AGE:54 YEARS, OCC: AGRI. R/O BALABATTI, TQ. MUDDEBIHAL, DIST. BIJAPUR.

20. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, ZARZARI, REPRESENTED BY ITS PRESIDENT SHRI. D.S.BIRADAR, AGE:50 YEARS, OCC: AGRI., R/O ZARZARI, TQ. MUDDEBIHAL, DIST. BIJAPUR.

21. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, REPRESENTED BY ITS PRESIDENT SHRI. S.G.BIDARKUNDI, AGE:57 YEARS, OCC: AGRI., R/O TANGADAGI, TQ. MUDDEBIHAL, DIST. BIJAPUR.

22. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,KOLUR, REPRESENTED BY ITS PRESIDENT SHRI. S.S. HONNALLI, AGE:38 YEARS,, OCC: AGRI., R/O KOLUR, TQ. MUDDEBIHAL, DIST. BIJAPUR.

23. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, BIDARKUNDI, - 10 -

REPRESENTED BY ITS PRESIDENT SHRI. B C PATIL, AGE:30 YEARS, OCC: AGRI., R/O BIDARKUNDI, TQ. MUDDEBIHAL, DIST. BIJAPUR.

24. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, KANDAGANUR, REPRESENTED BY ITS PRESIDENT SHRI. SABANNA B KANAKAL AGE:41, OCC AGRI., R/O KANDAGANUR, TQ. MUDDEBIHAL, DIST. BIJAPUR BIJAPUR

25. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, TARNAL REPRESENTED BY ITS PRESIDENT SHRI. A S TIRDALLI, AGE:49, OCC: AGRI., R/O TARNAL, TQ. MUDDEBIHAL, DIST. BIJAPUR BIJAPUR

26. SRI SANGAMESHWAR TANGADAGI GROUPS PRATHAMIKA TEACHERS CO-OPERATIVE CREDIT SOCIETY LTD., MUDDEBIHAL, REPRESENTED BY ITS PRESIDENT SHRI. BASAPPA H BIRADAR, AGE:42, OCC: AGRI., R/O. MUDDEBIHAL, DIST. BIJAPUR BIJAPUR

27. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,MAKNAPUR REPRESENTED BY ITS PRESIDENT SHRI. SOMANINGAPPA L PATIL, AGE:58, OCC: AGRI., R/O MAKANAPUR, TQ.& DIST. BIJAPUR BIJAPUR

28. PRATHAMIKA KRISHI PATTINA SAHKARI SANGHA,TAKKALAKI REPRESENTED BY ITS PRESIDENT SHRI. CHIDANAND B PATIL, AGE:40, OCC: AGRI, R/O TAKKALAKI, TQ.& DIST. BIJAPUR BIJAPUR - 11 -

29. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA,LOHAGAON REPRESENTED BY ITS PRESIDENT SHRI. VASANT NINGAPPA TANGADI, AGE:45, OCC: AGRI, R/O LOHAGAON, TQ.& DIST. BIJAPUR BIJAPUR

30. PRATHAMIKA KRISHI PATTINA SAHKARI SANGHA, REPRESENTED BY ITS PRESIDENT SHRI. DSTAGIR L BAGAWAN, AGE:42, OCC: AGRI, R/O TADAVALGA, TQ. INDI, DIST. BIJAPUR BIJAPUR

31. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA PADAGANOOR, REPRESENTED BY ITS PRESIDENT SHRI. H R PATIL (BIRADAR), AGE: 52, OCC: AGRI., R/O PADAGANOOR, TQ. SINDAGI, DIST. BIJAPUR BIJAPUR .. PETITIONERS

(BY SRI SANGANAGOUDA V BIRADAR, ADV.,)

AND:

1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF CO- OPERATATION GOVERNMENT OF KARNATAKA, BANGALORE-1

2. THE DIRECTOR OF CO-OPERATIVE AUDIT NO.17, JAYA NIVAS, SHANKAR MUTT ROAD, BASAVANAGUDI, BANGALORE BANGALORE CITY

3. THE DEPUTY DIRECTOR OF CO-OPERATIVE AUDIT TUMKUR DISTRICT, TUMKUR-72101. - 12 -

….RESPONDENTS

(BY SRI MANVENDRA REDDY, GA)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE SECOND PROVISO TO SUB-SECTION (1) OF SECTION 63 OF THE KCS ACT 2012 AS AMENDED BY SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY THE FIRST RESPONDENT PUBLISHED IN THE KARNATAKA GAZETTEE, DATED 11.1.2013 AS ANNEXURE-B AS UNCONSTITUTIONAL AND VOID.

WRIT PETITION NO.101622/2013

BETWEEN:

HATTI GOLD MINES EMPLOYEES CONSUMER CO-OPERATIVE SOCIETY, HATTI, TQ: LINGASUGUR, DIST: RAICHUR, BY ITS CHIEF EXECUTIVE OFFICER, B.DODDAPPA S/O AMARAPPA, AGE: 53 YEARS, HATTI GOLD MINES EMPLOYEES CONSUMER CO-OPERATIVE SOCIETY, HATTI. .. PETITIONER

(BY SRI AMRESH S ROJA, ADV.,)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING, BANGALORE-560001. BANGALORE CITY

2. THE DIRECTOR CO-OPERATIVE AUDIT, NO. 17, JAYA NIVAS, SHANKARMATH ROAD, BASAVANAGUDI BANGALORE-560004. - 13 -

3. REGISTRAR OF CO-OPERATIVE SOCIETIES,ALI ASKER ROAD BANGALORE-01.

4. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES, RAICHUR – 584 101

5. THE DEPUTY DIRECTOR, CO-PERATIVE AUDIT, RAICHUR - 584 101 …RESPONDENTS

(BY SRI MANVENDRA REDDY, GA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STRUCT DOWN THE 2 ND PROVISO TO SUB-SECTION 1 OF SECTION 63 OF THE KARNATAKA CO-OPERATIVE SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY THE STATE GOVERNMENT IS ULTRA VIRUS, SINCE IT IS NOT IN INCONFORMITY WITH THE ARTICLE 243ZM R/W ARTICLE 19 OF THE CONSTITUTION OF INDIA.

WRIT PETITION NO.101616/2013 BETWEEN:

DISTRICT CENTRAL CO-OPERATIVE BANK LIMITED BASAWESHWAR CHOWK BIDAR-585 401 REP. BY ITS CHIEF EXECUTIVE OFFICER MALLIKARJUN S/O.SANGAPPA MAHAJAN AGED 47 YEARS, OCC: CHIEF EXECUTIVE OFFICER - 14 -

DIST. CENTRAL CO-OPERATIVE BANK LIMITED BASAWESHWAR CHOWK BIDAR-585 401 .. PETITIONER (BY SRI AMRESH S ROJA, ADV.,)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS THE PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING, BANGALORE-560001.

2. THE DIRECTOR CO-OPERATIVE AUDIT, NO. 17, JAYA NIVAS, SHANKARMATH ROAD, BASAVANAGUDI BANGALORE-560004. BANGALORE CITY

3. REGISTRAR OF CO-OPERATIVE SOCIETIES,ALI ASKER ROAD BANGALORE-01.

4. THE DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES,. BIDAR-584 101

5. THE DEPUTY DIRECTOR, CO-PERATIVE AUDIT,. BIDAR-584 101 …RESPONDENTS (BY SRI MANVENDRA REDDY, GA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STRUCT DOWN THE 2 ND PROVISO TO SUB-SECTION 1 OF SECTION 63 OF THE KARNATAKA CO-OPERATIVE SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY THE STATE GOVERNMENT IS ULTRA VIRUS, SINCE IT IS - 15 -

NOT IN INCONFORMITY WITH THE ARTICLE 243ZM R/W ARTICLE 19 OF THE CONSTITUTION OF INDIA.

WRIT PETITION NO.101784/2013 BETWEEN:

MANJRA MAHILA URBAN CO-OPERATIVE BANK LIMITED BIDAR, REP. BY ITS MANAGER SRI SHAM HALMANDGE S/O.SHANKERAPPA HALMANDGE AGED 41 YEARS R/O.NEAR KEB ROAD, BIDAR .. PETITIONER

(BY SRI SANTOSH BIRADAR, ADV.,)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVT. OF KARNATAKA, M.S.BUILDING, BANGALORE-560001.

2. THE DIRECTOR CO-OPERATIVE AUDIT, NO. 17, JAYA NIVAS, SHANKARMATH ROAD, BASAVANAGUDI BANGALORE-560009.

3. THE DEPUTY DIRECTOR, CO-PERATIVE AUDIT,. BIDAR-585 401 …RESPONDENTS (BY SRI MANVENDRA REDDY, GA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING - 16 -

TO STRUCT DOWN THE 2 ND PROVISO TO SUB-SECTION 1 OF SECTION 63 OF THE KARNATAKA CO-OPERATIVE SOCIETIES AMENDMENT ACT 2012 AS AMENDED BY THE SECTION 34 OF THE KARNATAKA ACT NO.3 OF 2013 BY THE FIRST RESPONDENT IN THE KARNATAKA GAZETTE DATED 11.1.2013 AS PER ANNEXURE-B AS UNCONSTITUTIONAL AND VOID.

WRIT PETITION NOS.101617-101621 & 101641- 101669/2013

BETWEEN:

1. PRATHMIKA KRISHI PATTINA SAHAKARI SANGHA, , REPRESENTED BY ITS PRESIDENT SHRI. ARVINDGOUDA MALLIKARJUN BIRADAR, AGED ABOUT 45 YEARS, OCC: AGRI, R/O ATHARGA, TQ: INDI, DIST: BIJAPUR.

2. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, BENAKANAHALLI, REPRESENTED BY ITS PRESIDENT SHRI. CHANDRASHEKHAR ISAPPA LONI, AGED ABOUT 48 YEARS, OCC: AGRI, R/O BENEKANAHALLI, TQ: INDI, DIST: BIJAPUR.

3. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, MASALI BK, REPRESENTED BY ITS PRESIDENT SHRI. SIDDANAGOUDA RUDRAGOUDA PATIL, AGED ABOUT 47 YEARS, OCC: AGRI, R/O MASALI BK, TQ: INDI, DIST: BIJAPUR.

4. PRATHAMIKA KRISHI PATTINA SAHAKARI SNGHA, TAMBA, REPRESENTED BY ITS PRESIDENT SHRI. BASAPPA AMBANNA GANGANALLI,AGED ABOUT 58 YEARS, OCC: AGRI, R/O TAMBA, TQ: INDI, DIST: BIJAPUR.

5. PRATHAMIKA KRISHI PATTINA SHAKARI SANGHA, GORNAL,REPRESENTED BY ITS PRESIDENT SHRI. JETTEPPA KENCHAPPA HIREKURUBAR, - 17 -

,AGED ABOUT 50 YEARS, OCC: AGRI, R/O GORNAL, TQ: INDI, DIST: BIJAPUR. BIJAPUR

6. PRATHAMIKA SAHAKARI KRISHI & RURAL DEVELOPMENT BANK, B.BAGEWADI, REPRESENTED BY ITS PRESIDENT SHRI ANNUGOUD APPASAHEB BIRADR, AGED ABOUT 41 YEARS, OCC: AGRI, R/O B.BAGEWADI, TQ. B.BAGEWADI, DIST. BIJAPUR.

7. PRATHAMIKA SAHAKARI SRISHI & RURAL DEVELOPMENT BANK, SINDAGI, REPRESENTED BY ITS PRESIDENT SHRI JAGADEVAPPA SIDDARAMAPPA KURNALLI, AGED ABOUT 50 YEARS, OCC: AGRI, R/O SINDAGI, TQ. SINDAGI, DIST. BIJAPUR.

8. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA , REPRESENTED BY ITS PRESIDENT SHRI MAHAEV BALAPPA PUJARI AGED ABOUT 48 YEARS, OCC: AGRI, R/O HORTI, TQ. INDI DIST. BIJAPUR.

9. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, SAVALSANG REPRESENTED BY ITS PRESIDENT SHRI DUNDAPPA SHASHAPPA KHED, AGED ABOUT 56 YEARS, OCC: AGRI, R/O SAVALSANG, TQ. INDI DIST. BIJAPUR.

10. MALLIKARJUN PATTINA SAHAKARI SANGHA, HORTI, REPRESENTED BY ITS PRESIDENT SMT. SUMANGALA BHIMANNA GADDAD, AGED ABOUT 35 YEARS, OCC: AGRI, R/O HORTI, TQ. INDI, DIST. BIJAPUR.

11. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA HALAGUNAKI, REPRESENTED BY ITS PRESIDENT SHRI CHANDRAKANT BIRADAR, AGED ABOUT 50 YEARS, OCC: AGRI, R/O HALAGUNAKI TQ. INDI, DIST. BIJAPUR. - 18 -

12. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA SONAKANAHALLI REPRESENTED BY ITS PRESIDENT SHRI. ANNAPPA C PUJARI AGED AOUT 48 YEARS OCC: AGRI R/O SONAKANAHALLI TQ: INDI, DIST: BIJAPUR

13. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA DUMAKANAL REPRESENTED BY ITS PRESIDENT SHRI. PRABHAKAR S PATIL AGED AOUT 48 YEARS OCC: AGRI R/O DUMAKANAL TQ: INDI, DIST: BIJAPUR

14. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA BASANAL REPRESENTED BY ITS PRESIDENT SHRI. N.P.SAHUKAR AGED AOUT 60 YEARS OCC: AGRI R/O BASANAL TQ: INDI, DIST: BIJAPUR

15. NAVAJEEVAN CO-OP CREDIT SOCIETY BIJAPUR REPRESENTED BY ITS PRESIDENT SHRI.CHANNAPPA S KARAJOL AGED ABOUT 44 YEARS OCC: AGRI R/O BIJAPUR

16. KARNATAKA ELECTRICITY TRANSMISSION CROP.LTD EMPLOYEES CO-OP SOCIETY LTD. BIJAPUR REPRESENTED BY ITS PRESIDENT SHRI.A R RATHOD AGED ABOUT 45 YEARS OCC: SERVICE R/O BIJAPUR

17. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA KALAGURKI REPRESENTED BY ITS PRESIDENT SHRI.D R HIREMATH AGED ABOUT 52 YEARS OCC: AGRI R/O KALAGURKI TQ. B.BAGEWADI DIST. BIJAPUR

18. PRIMARY CO-OP AGRICULTURE & RURAL DEVELOPMENT BANK, MUDDEBIHAL REPRESENTED BY ITS PRESIDENT SHRI. BHIMANNA KAREPPA BIRADAR AGED ABOUT 52 YEARS OCC: AGRI R/O MUDDEBIHAL DIST. BIJAPUR

19. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA VANDAL REPRESENTED BY ITS PRESIDENT SHRI. SHANKARGOUDA F PYATIGOUDAR AGED ABOUT 50 YEARS - 19 -

OCC: AGRI R/O VANDAL TQ. B. BAGEWADI DIST. BIJAPUR.

20. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA TELAGI REPRESENTED BY ITS PRESIDENT SHRI. SHANKARGOUDA F PYATIGOUDAR AGED ABOUT 50 YEARS OCC: AGRI R/O VANDAL TQ. B. BAGEWADI DIST. BIJAPUR.

21. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA, TALEWAD REPRESENTED BY ITS PRESIDENT SHRI KAREPPA JATTEPPAGOL AGED ABOUT 45 YEARS OCC: AGRI R/O TALEWAD TQ: B.BAGEWADI DIST. BIJAPUR.

22. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA REPRESENTED BY ITS PRESIDENT SHRI RAVINDRA G CHIKKMATH AGED ABOUT 50 YEARS OCC: AGRI R/O MUTTAGI TQ: B.BAGEWADI DIST. BIJAPUR.

23. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA MASUTI REPRESENTED BY ITS PRESIDENT SHRI KRISHNAJI KULKARNI AGED ABOUT 50 YEARS OCC: AGRI R/O MASUTI TQ: B.BAGEWADI DIST. BIJAPUR. BIJAPUR

24. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA HEGADIHAL REPRESENTED BY ITS PRESIDENT SHRI IRANAGOUDA G BIRADAR AGED ABOUT 42 YEARS OCC: AGRI R/O HEGADIHAL TQ & DIST:BIJAPUR

25. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA REPRESENTED BY ITS PRESIDENT SHRI SHRISHAIL G. KATNALLI AGED ABOUT 45 YEARS OCC: AGRI R/O NAGATHAN TQ :BIJAPUR DIST. BIJAPUR.

26. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA AIANAPUR REPRESENTED BY ITS PRESIDENT SHRI KANTHAPPA S INCHAGERI AGED ABOUT 32 YEARS OCC: AGRI R/O AIANAPUR TQ: & DIST :BIJAPUR - 20 -

27. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA HADAGALI PS REPRESENTED BY ITS PRESIDENT SHRI AGED ABOUT YEARS OCC: AGRI R/O HADAGALI TQ: & DIST :BIJAPUR

28. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA MADHABAVI REPRESENTED BY ITS PRESIDENT SHRI JAKKANAGUDA PATIL AGED ABOUT 60 YEARS OCC: AGRI R/O MADHABAVI TQ: & DIST :BIJAPUR

29. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA REPRESENTED BY ITS PRESIDENT SHRI SANJEEV HALLI AGED ABOUT 48 YEARS OCC: AGRI R/O SHIVANAGI TQ: & DIST :BIJAPUR

30. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA KAVALAGI REPRESENTED BY ITS PRESIDENT SHRI SHRISHAIL S AGED ABOUT 52 YEARS OCC: AGRI R/O KAVALAGI TQ: & DIST :BIJAPUR

31. VYAVASAYA SEVA SAHAKARI SANGHA DYABERI REPRESENTED BY ITS PRESIDENT SHRI MOHAMMED ISAQ MULLA AGED ABOUT 45 YEARS OCC: AGRI R/O DYABERI TQ: & DIST :BIJAPUR

32. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA HONNUTAGI REPRESENTED BY ITS PRESIDENT SHRI SHRISHAIL SAJJAN AGED ABOUT 42 YEARS OCC: AGRI R/O HONNUTAGI TQ: & DIST :BIJAPUR

33. THE BIJAPUR TALUKA PRIMARY CO-OP AGRICULTURE & RURAL DEVELOPMENT BANK, BIJAPUR REPRESENTED BY ITS PRESIDENT SHRI VEERANAGUDA BIRADAR AGED ABOUT 65 YEARS OCC: AGRI R/O DIST :BIJAPUR

34. PRATHAMIKA KRISHI PATTINA SAHAKARI SANGHA REPRESENTED BY ITS PRESIDENT SHRI - 21 -

MURGESH HEBBAL AGED ABOUT 54 YEARS OCC: AGRI R/O GOLASANGI TQ. B BAGEWADI DIST :BIJAPUR,

(BY SRI SANGANAGOUDA V BIRADAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA & ORS REP. BY ITS SECRETARY DEPARTMENT OF COOPERATION GOVERNMENT OF KARNATAKA, BANGALORE-560001

2. THE DIRECTOR OF CO-OPERATIVE AUDIT NO.17, JAYA NIVAS, SHANKAR MUTT ROAD BASAVANAGUDI, BANGALORE-560004 BANGALORE CITY

3. THE DEPUTY DIRECTOR OF CO-OPERATIVE AUDIT TUMKUR DISTRICT-72101 TUMKUR. ….RESPONDENTS (BY SRI MANVENDRA REDDY, GA)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE SECOND PROVISO TO SUB-SECTION (1) OF SECTION 63 OF THE KCS ACT AS AMENDED BY SECTION 34 OF THE KARNATAKA ACT NO.03/2013 BY THE FIREST RESPONDENT PUBLISHED IN THE KARNATAKA GAZETTEE DATED 11.1.2013, MARKED AS ANNEXURE-B, AS UNCONSTITUTIONAL AND VOID.

THESE WRIT PETITIONS COMING ON FOR ORDERS

THIS DAY THE COURT MADE THE FOLLOWING:- - 22 -

O R D E R

The question involved in these writ petitions is squarely covered by the order passed by this Court in

W.P.Nos.79003-79014/2013 (CS-RES) disposed of on 05.07.2013 , wherein, the second proviso to sub-Section(1) of Section 63 of Karnataka Co- operative Societies Act, 1959, is declared unconstitutional and void. This Court has said that the said proviso shall not be given effect to and consequently, the communications impugned in those writ petitions were set aside.

In view of the order passed in the aforesaid writ petitions, these writ petitions are allowed as under:

“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, the - 23 -

impugned communications are also set aside”

Sd/- JUDGE

*ck/-