PANJA PRIMARY AGRICULTURAL v. THE STATE OF KARNATAKA

(BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) 15 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.27926/2023: BETWEEN: YENEKAL PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO.F.F.48, KADABA TALUK POST: YENEKAL-574238,D.K. DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT BHAVANISHANKAR P V, S/O LATE VENKAPPA GOWDA, AGED ABOUT 53 YEARS, KADABA TALUK, POST: YENEKAL-574238, D.K. DISTRICT, REG. UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959. (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) 16 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF INDIA PRAYING TO DIRECT, THE CONSTITUTION OF DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.27979/2023: BETWEEN: AIVARNADU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO.3229, AIVARNADU, SULLIA TALUK, POST: AIVARNADU - 574239, D.K.DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT S N MANMATHA, S/O LATE SHESHAPPA GOWDA, AGED ABOUT 66 YEARS, AIVARNADU, SULLIA TALUK, POST: AIVARNADU - 574239, D.K.DISTRICT, REG. UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959 (SENIOR CITIZEN BENEFIT NOT CLAIMED) (BY SRI A. KESHAVA BHAT, ADVOCATE) AND: ...PETITIONER

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES 17 NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.27988/2023: BETWEEN: KALANJA BALILA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, A CO-OP. SOCIETY REGISTERED UNDER, KARNATAKA CO-OP. SOCIETIES ACT, 1959 NO.A.R/37/R.S.R/613/2022-03, SAHAKARI SADANA, KOTEMUNDUGARU, POST: KALANJA, SULLIA TALUK - 574212, D.K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT, KOOSAPPA GOWDA, S/O LATE RAMANNA GOWDA, AGED ABOUT 63 YEARS, R/A KALNJA, BALILA, SULLIA TALK, D.K DISTRICT-574212 (SENIOR CITIZEN BENEFIT NOT CLAIMED). (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND 18 LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.27994/2023: BETWEEN: MARKANJA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO.R.C.1873/60E, SULLIA TALUK, POST: MARKANJA - 574248, D.K. DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT RAMESH D, S/O LATE MAHALINGESHWARA BHAT, AGED ABOUT 57 YEARS, SULLIA TALUK, POST: MARKANJA-574248, D.K. DISTRICT REG. UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT. (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND: 19

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.27995/2023: BETWEEN: UBARADKA-MITHUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO. DRP RGN 13763/97-98, NEAR BUS STAND, SULLIA, SULLIA TALUK, POST: UBARADKA-MITHUR - 574248, D.K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT M. DAMODARA GOWDA, S/O M KUNHANNA GOWDA, AGED ABOUT 68 YEARS, SULLIA TALUK, POST: UBARADKA-MITHUR - 574248, 20 D.K DISTRICT. (REG. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) (SENIOR CITIZEN BENEFIT NOT CLAIMED) (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28013/2023: BETWEEN: KEDAMBADY KEYYUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED THINGALADY, NO. F F 128, 21 PUTTUR TALUK, POST:KEDAMBADY - 574210, D K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT SHASHIDHAR RAO K, S/O LATE ANANDA RAO, AGED ABOUT 71 YEARS, PUTTUR TALUK, POST: KEDAMBADY - 574210, D.K.DISTRICT (REG. UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, (SENIOR CITIZEN BENEFIT NOT CLIAMED) (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28014/2023: 22 BETWEEN: PANAJE CO-OPERATIVE AGRICULTURAL SOCIETY LIMITED, NO.L 372, PANAJE TOWN, POST: PANAJE - 574 259, PUTTUR TALUK, D K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT PADMANABHA BORKAR, S/O GOPALAKRISHNA NAYAK B, AGED ABOUT 64 YEARS, R/AT NIDPALLI VILLAGE, PUTTUR TALUK, D.K.DISTRICT-574259, REG. UNDER KARNATAKA CO-OP. SOCIETY ACT, (SENIOR CITIZEN BENEFIT NOT CLAIMED) (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, 23 DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28016/2023: BETWEEN: MURULYA ENMUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO.DRP/RGN/13766/1998-99, ALEKKADI, POST: MURULYA, SULLIA TALUK - 574328, D K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT SMT KUSUMAVATHI RAI K G, W/O LATE CHANDRASHEKHAR @ KITTANNA RAI AGED ABOUT 62 YEARS, R/A GUTTHU, YENMUR, SULLIA TALUK - 574328, D K DISTRICT. REG. UNDER CO-OPERATIVE SOCIETY ACT,1959 (SENIOR CITIZEN BENEFIT NOT CLAIMED) (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) 24 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28028/2023: BETWEEN: CHOKKADY PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO.D,R,G/S/2615/76-77, CHOKKADY, SULLIA TALUK, POST: KUKKUJADKA-574212, D.K. DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT KESHAVA GOWDA KARMAJE, S/O KRISHNAPPA GOWDA, AGED ABOUT 60 YEARS, CHOKKADY, SULLIA TALUK, POST: KUKKUJADKA-574212, DK DISTRICT, REG. UNDER KARNATAKA CO-OP. SOCIETY ACT, 1959, (SENIOR CITIZEN BENEFIT NOT CLAIMED) (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, 25 DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY ANNEXURE-A VIDE NO.27/2023 KARNATAKA DT:27/07/2023 VOID, NOT UNCONSTITUTIONAL, ENFORCEABLE AND NON OPERATIVE. ACT IS IN WP NO.28089/2023: BETWEEN: KAVALAPADUR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, A CO-OP. SOCIETY REGISTERED UNDER KARNATAKA CO-OP. SOCIETIES ACT 1959, NO. CMW. 243. CLM. 91/96-97, VAGGA, BATWALA TALUK, D.K DISTRICT-574265, REPRESENTED BY ITS PRESENT PRESIDENT, K. PRAMOD KUMAR RAI K, S/O LATE H NARAYANA RAI, AGED ABOUT 51 YEARS, R/AT VAGGA, BANTWAL TALUK, D.K DISTRICT-574265. (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 26

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF INDIA PRAYING TO DIRECT, THE CONSTITUTION OF DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28119/2023: BETWEEN: VITTAL PADNOOR AGRICULTURAL SERVICE CO-OPERATIVE SOCIETY LIMITED, NO. DRG/S/2610/1976-77, POST: KODANGAYI, BANTWALA TALUK, D.K DISTRICT-574243, REPRESENTED BY ITS PRESENT PRESIDENT, K. SUBHASCHANDRA SHETTY, S/O LATE ANANDA SHETTY, AGED ABOUT 55 YEARS, R/AT KODANGAYI, BANTWALA TALUK, D.K DISTRICT-574243. (BY SRI A. KESHAVA BHAT, ADVOCATE) AND: ...PETITIONER 27

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28229/2023: BETWEEN: KAVU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, A CO-OP. SOCIETY REGISTERED UNDER KARNATAKA CO OP SOCIETIES ACT 1959, NO DRG/S/2634/1976-77, KAVU PUTTUR TALUK, POST: KAVU - 574223, D K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT, NANYA ACHUTHA MOODETHAYA S/O SUBRAYA MOODETHAYA, AGED ABOUT 67 YEARS, R/A NANYA KAVU, PUTTUR TALUK, 28 D K DISTRICT - 574223, (SENIOR CITIZEN BENEFIT NOT CLAIMED) (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE ANNX-A IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE IN SO FAR AS PETITIONER CONCERN. IN WP NO.28231/2023: BETWEEN: SAVANOOR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED NO. 2630, SAVANOOR, 29 KADABA TALUK - 574 202,D K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT GANESHA NIDAVANNAYA N, S/O K NARAYANA NIDAVANNAYA, AGED ABOUT 48 YEARS, R/AT SAVANOOR, KADABA TALUK - 574 202, D K DISTRICT (REG. UNDER KARNATAKA CO-OP. SOCIETY ACT, 1959). (BY SRI A. KESHAVA BHAT, ADVOCATE) ...PETITIONER AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE ANNX-A IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28235/2023: 30 BETWEEN: THE PILATHABETTU VYVASAYA SEVA SAHAKARA SANGHA LTD., NO.DRP/RSR/7164/KMC/86-87, "SUDHANVA" BUILDING PILATHBETTU VILLAGE, BANTWAL TALUK, POST:PUNJALAKATTE - 574233, DK DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT K LAXMINARAYANA UDUPA, S/O LATE NARAYANA UDUPA, AGED ABOUT 61 YEARS, PILATHABETTU VILLAGE, BANTWALA TALUK, POST:PUNJALAKATTE-574233, D.K. DISTRICT, (REG. UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959) SENIOR CITIZEN BENEFIT NOT CLAIMED. (BY SRI A. KESHAVA BHAT, ADVOCATE) AND: ...PETITIONER

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SRI SIDDHARTH BABU RAO, AGA) 31 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28242/2023: BETWEEN: GUTHIGAR PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, A CO-OP. SOCIETY REGISTERED UNDER KARNATAKA CO-OP. SOCIETIES ACT, 1959 NO. DRG/S/2622/76-77, GUTHLIGAR, POST: GUTHIGAR SULLIA TALUK, 574218, D.K. DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT, VENKATRAMANA GOWDA, S/O LATE PARAMESHWARA GOWDA, AGED ABOUT 59 YEARS, R/AT GUTHIGAR, SULLIA TALUK, D K DISTRICT - 574218. (BY SRI A. KESHAVA BHAT, ADVOCATE) AND: ...PETITIONER

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001.

2. THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE - 560001.

3. THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES 32 NO.1, ALI ASKAR ROAD, VASANATHA NAGAR, BANGALORE - 560 052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE ANNX-A IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28246/2023: BETWEEN: 1 . AMTADY AGRICULTURAL SERVICE CO-OPERATIVE SOCIETY LIMITED, NO.DRG/S /2605/76-77 POST:MODANKAPU, BANTWAL TALUK, D K DISTRICT - 574 219, REPRESENTED BY ITS PRESENT PRESIDENT SMT. MALLIKA V SHETTY, W/O LATE VASANTH SHETTY, AGED ABOUT 53 YEARS, R/AT AMTADY POST, MODANKAPU BANTWAL TALUK, D.K DISTRICT 574 259, REG. UNDER CO-OP. SOCIETIES ACT 1959. 2 . RAMANNA POOJARY, S/O GURUVAPPA POOJARY, AGED ABOUT 83 YEARS, R/AT 5-38-3, KANGITHLU HOUSE, AMTADY VILLAGE, MODANAKAP POST BANTVAL TALUK , D K DISTRICT - 574 219. 3 . B SURESH BHANDARY, S/O A VASANTHA BHANDARY, AGED ABOUT 64 YEARS, 33 R/AT 5-55 ARBI HOUSE, KALLEGE POST AND VILLAGE, BANTWAL TALUK, D K DISTRICT 574 219.

4. PADMANABHA RAO, S/O SUBBA RAO, AGED ABOUT 71 YEARS, R/AT 4-246, KANAPADI HOUSE, KALLIGE POST AND VILLAGE, BANTWAL TALUK, D.K.DISTRICT-574219. (PETITIONER NO. 2 TO 4 SENIOR CITIZEN BENEFIT NOT CLAIMED) ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIDHANA SOUDHA, BANGALORE-560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE-560 001. 3 . THE REGISTRAR, DEPARTMENT OF CO OPEARATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTH NAGAR, BANGALORE - 560 052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO. 27/2023 IS UNCONSTITUTIONAL VOID NOT ENFORCEABLE AND NON OPERATIVE. 34 IN WP NO.28252/2023: BETWEEN: MADAPPADY PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO 3242/60E, SULLIA TALUK POST MADDAPPADY 574218, D K DISTRICT, REP BY ITS PRSENT PRESIDENT JAYARAMA P C, S/O CHINNAPAPGOWDA, AGED ABOUT 66 YEARS, SULLIA TALUK, POST: MADDAPPADY - 574218 DK DISTRICT, REG. UNDER KARNATAKA CO-OP. SOCIETY ACT,1959 (SENIOR CITIZEN BENEFIT NOT CLAIMED) ...PETITIONER (BY SRI A.KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIDHANA SOUDHA, BANGALORE-560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE-560 001. 3 . THE REGISTRAR, DEPARTMENT OF CO OPEARATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTH NAGAR, BANGALORE - 560 052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS IS INTRODUCED ACT NO.27/2023 KARNATAKA BY 35 UNCONSTITUTIONAL, VOID NOT ENFORCEABLE AND NON OPERATIVE IN SO FAR AS PETITIONER CONCERN. IN WP NO.28273/2023: BETWEEN: KUMBRA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, A CO-OP. SOCIETY REGISTERED UNDER KARNATAKA CO OP. SOCIETIES ACT, 1959 NO.DRG/S/2629/1976-77, KUMBRA, VALAMOGRU VILLAGE, PUTTUR TALUK, POST-KUMBRA-574211, DK DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT, PRAKASHCHANDRA RAI K, S/O LATE VITTAL RAI, AGED ABOUT 57 YEARS, R/AT KUMBRA, PUTTUR TALUK, DK DISTRICT-574210. REG. UNDER KARNATAKA CO-OP. SOCIETY ACT, 1959 ...PETITIONER (BY SRI A.KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION VIDHANA SOUDHA, BANGALORE-560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BANGALORE-560 001. 3 . THE REGISTRAR, DEPARTMENT OF CO OPEARATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTH NAGAR, BANGALORE - 560 052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS 36 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.28278/2023: BETWEEN: 1 . BANNUR RAITARA SEVA SAHAKARI SANGHA LIMITED, NO.D.R G/S/2632/76-77, BOLWAR, PUTTUR TALUK, POST: PUTTUR - 574 201, D.K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT ISHWARA BHAT P, S/O LATE KESHAVA BHAT, AGED ABOUT 54 YEARS, BOLWAR, PUTTUR TALUK, POST: PUTTUR - 574 201, D.K DISTRICT. (REG. UNDER KARNATAKA CO-OP. SOCIETY ACT, 1959) 2 . ISHWAR BHAT P, S/O LATE KESHAVA BHAT, AGED ABOUT 54 YEARS, R/AT PANJIGUDDE HOUSE, PADNUR VILLAGE, PUTTUR TALUK, D K DISTRICT - 574 201. 3 . RAJASHEKAR JAIN N, S/O PADMARAJA N, AGED ABOUT 68 YEARS, R/AT NEERAJE HOUSE, BANNURU VILLAGE, PUTTUR TALUK, D.K DISTRICT - 574 201. 4 . JAYALAKSHMI SURESH, W/O SURESH B .U, AGED ABOUT 52 YEARS, R/AT KEPULU HOUSE, CHIKKAMUDNOOR VILLAGE AND POST, PUTTUR POST AND TALUK, D K DISTRICT - 574 201. 37 (PETITIONER NO.3 SENIOR CITIZEN BENEFIT NOT CLAIMED). ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE ANNEXURE-A NOT ENFORCEABLE AND NON OPERATIVE IN SO FAR PETITIONERS ARE CONCERNED. UNCONSTITUTIONAL, VOID, IS IN WP NO.28281/2023: BETWEEN: 1 . KALIYA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, 38 NO.1316, SHRESHTA BUILDING, BELTHANGADY TLAUK, POST: GERUKATTE - 574217, D.K. DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT VASANTHA MAJAL M, S/O LATE BANTAPPA NAIK, AGED ABOUT 58 YEARS, BELTHANGADY TALUK, POST: GERUKATTE - 574217, D.K. DISTRICT. 2 . SHEKHARA NAIKA, S/O CHANDU NAIKA, AGED ABOUT 51 YEARS, R/AT SPOORTHI HOUSE, KALIYA VILLAGE, BELTHANGADY TALUK, D.K, DISTRICT 574217. 3 . RATHNAKARA POOJARY, S/O GUMMANNA POOJARY, AGED ABOUT 52 YEARS, R/AT BALLIDADDA HOUSE, KALIYA VILLAGE, BELTHANGADY TALUK, D.K. DISTRICT - 574217. 4 . RAJPRAKASH SHETTY, S/O BABU SHETTY, AGED ABOUT 46 YEARS, R/AT PADDAIL HOUSE, VODILNALA VILLAGE AND POST, BELTHANGADY TALUK, D.K. DISTRICT - 574217. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, 39 VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE ANNEXURE-A IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE IN SO FAR PETITIONERS ARE CONCERNED. IN WP NO.28284/2023: BETWEEN: ALETTY PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO. 3379, ALETTY, SULLIA TALUK, D.K.DISTRICT, REPRESENTGED BY ITS PRESENT PRESIDENT, KARUNAKARA H, S/O VISHWANATHA MANIYANI M, AGED ABOUT 57 YEARS, R/AT ALETTY, SULLIA TALUK, POST: ALLETY-574329, D.K.DISTRICT. (REG. UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959) ...PETITIONER (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 40 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE ANNEXURE-A DTD:27.07.2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. PRAYING INDIA OF IN WP NO.28285/2023: BETWEEN: KOKKADA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED A CO-OP.SOCIETY REGISTERED UNDER KARNATAKA CO-OP. SOCIETIES ACT, 1959 NO.F.F.4430,KOKKADA, BELTHANGADY TALUK, DK DISTRICT-574198, REPRESENTED BY ITS PRESIDENT P KUSHALAPPA GOWDA, S/O LATE GANAPPANA GOWDA, AGED ABOUT 71 YEARS, R/A PATRAME, BELTHANGADY TALUK, DK DISTRICT-574198, (SENIOR CITIZEN BENEFIT NOT CLAIMED). 41 ...PETITIONER (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. ((BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE IN SO FAR AS PETITIONER AS CONCERNED. ACT NO.27/2023 KARNATAKA BY IN WP NO.28297/2023: BETWEEN:

1. KAVALA MUDUR AGRICULTURAL SERVICE CO-OPERATIVE SOCIETY LIMITED, A CO-OP SOCIETY REGISTERED UNDER KARNATAKA CO-OP. SOCIETIES ACT 1959 NO.D.R.P/DA.D.M/C.R/29/R.G.N.13751/94-95 KAVALAKATTE BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574 265, 42 REPRESENTED BY ITS PRESENT PRESIDENT B PADMASHEKAR KUMAR, S/O B SANATH KUMAR, AGED ABOUT 56 YEARS, R./AT KAVALAKATTE POST, KAVALAKATTE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574265.

2. PRAMOD KUMAR, S/O LATE P VASUDEVA, AGED ABOUT 36 YEARS, R/AT PADANTHRABETTU HOUSE, KAVALAMADUR VILLAGE, POST: KAVALAKTTE, TALUK: BANTWALA, DAKSHINA KANNADA DISTRICT - 574 265.

3. MOHAMMAD SALIYA, S/O LATE ADAM SAHEB, AGED ABOUT 56 YEARS, R/AT BOMMIKKU HOUSE, KAVALAMUDUR VILLAGE, POST: KAVALAKATTE, TALUK: BANTWALA, DAKSHINA KANNADA DISTRICT - 574265.

4. HEMANTH KUMAR, S/O LATE MAILAPPA POOJARY, AGED ABOUT 47 YEARS, R/AT PEJATHRODY HOUSE, KAVALAMUDUR VILLAGE, POST: KAVALAKATTE, TALUK: BANTWALA, DAKSHINA KANNADA DISTRICT - 574265. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, 43 DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE NOT ANNEXURE-A ENFORCEABLE AND NON OPERATIVE IN SO FAR AS PETITIONER AGE CONCERNED. UNCONSTITUTIONAL, VOID, IS IN WP NO. 28341/2023: BETWEEN:

1. KAIRANGALA AGRICULTURAL SERVICE CO-OPERATIVE SOCIETY LIMITED, REG. UNDER SOCIETY ACT, NO. DRG/S/2606/1976-77, KAIRANGALA, POST, KAIRANGALA ULLALA TALUK, D K DISTRICT - 574153. REPRESENTED BY ITS PRESENT PRESIDENT, M MAHESH CHOWTA, S/O RAMAKRISHNA CHOWTA, AGED ABOUT 65 YEARS, R/A CHAKRAKODI, BALEPUNI VILLAGE AND POST, ULLALA TALUK, D K DISTRICT -574153.

2. MAHAMMAD MUNEER, S/O ABDUL KHADAR, AGEDF ABOUT 37 YEARS, R/AT THOTAL HOUSE, KAIRANGALA VILLAGE AND POST, 44 BANTHWALA TALUK, D K DISTRICT - 574 153.

3. UDAYA SHANAKR, S/O BALAKRISHNA SHETTY, AGED ABOUT 51 YEARS, R/AT BALATHODU HOUSE, NARINGANA VILLAGE AND POST, BANTHWALA TALUK, D K DISTRICT - 574 153.

4. JANARDHANA K, S/O SANKAPPA GATTI, AGED ABOUT 65 YEARS, R/AT KANNIMANE HOUSE, KAIRANGALA VILLAGE AND POST, BANTHWALA TALUK, D K DISTRICT - 574 153. (PETITIONER NO.1 & 4 SENIOR CITIZEN BENEFIT NOT CLAIMED) ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS 45 CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE VIDE ANNEXURE-A. ACT NO.27/2023 KARNATAKA PRAYING INDIA OF BY IN WP NO.28353/2023: BETWEEN: KADABA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, NO.DRG/S/2631/76-77, KADABA, KADABA TALUK, POST KADABA-574221 D.K.DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT, RAMESH KALPURE, S/O NARAYANA BHAT K, AGED ABOUT 55 YEARS, KADABA, KADABA TALUK, POST: KADABA - 574221, D.K.DISTRICT D.K.DISTRICT. ...PETITIONER (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. 46 (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE TO ISSUE DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 ANNEXURE-A, DTD 27.02.2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. PRAYING INDIA OF IN WP NO.28384/2023: BETWEEN: 1 . NELLYADY PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, A CO OP. SOCIETY REGISTERED UNDER REGD. NO. 145, NELLYADY, NELLADY VILLAGE AND POST - 574229, KADABA TLAUK, D.K. DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT UMESH SHETTY, S/O LATE NARAYANA SHETTY AGED ABOUT 64 YEARS, R/A NELLYADY, KADABA TALUK, D.K. DISTRICT - 574 229, (SENIOR CITIZEN BENEFIT NOT CLAIMED).

2. BALAKRISHNA B, S/O KRISHNAPPA POOJARY, AGED ABOUT 52 YEARS, R/AT BANAJALU HOUSE, KOWKRADY VILLAGE, KADABA TALUK, D.K. DISTRICT - 574229.

3. KAMALAKSHA, S/O SHIVAPPA GOWDA, AGED ABOUT 46 YEARS, R/AT VENKATARAMANA NILAYA, GOLITHOTTU VILLAGE, KADABA TALUK, D.K. DISTRICT - 574229.

4. JAYANANDA P, 47 S/O SHIVAPPA BANTRIYAL, AGED ABOUT 50 YEARS, R/AT KELAGINA PARARI HOUSE, NELLYADY VILLAGE, KADABA TALUK D.K. DISTRICT - 574 229. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE TO ISSUE DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. ACT NO.27/2023 KARNATAKA PRAYING INDIA OF BY IN WP NO.28397/2023: BETWEEN:

1. ALANKARU PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, 48 NO DRG/S/2628/1976-77, ALANKARU KADABA TALUK, POST: ALANKARU - 574285, DAKSHINA KANNADA DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT DHARMAPALA RAO K, S/O KRISHNAYYA HEGDE, AGED ABOUT 67 YEARS, R/AT ALANKARU,KADABA TALUK - 574 285 DAKSHINA KANNADA DISTRICT, REG. UNDER KARNATAKA CO-OP. SOCIETY ACT, 1959, (SENIOR CITIZEN BENEFIT NOT CLAIMED)

2. PRADEEP RAI, S/O SANJEEVA RAI, AGED ABOUT 52 YEARS, R/AT MANAVALIKE HOUSE, PERABE POST AND VILLAGE, KADABA TALUK, DAKSHINA KANNADA DISTRICT - 574285.

3. CHANDRA DEVADIGA, S/O KRISHNAPPA DEVADIGA, AGED ABOUT 48 YEARS, R/AT NAGRI HOUSE, ALANKARI POST AND VILLAGE, KADABA TALUK, DAKSHINA KANNADA DISTRICT - 574285.

4. PUNITH S, S/O KITTANNA GOWDA, AGED ABOUT 36 YEARS, R/AT SURULI HOUSE, PERABE POST AND VILLAGE, KADABA TALUK, DAKSHINA KANNADA DISTRICT - 574285. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, 49 REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE TO ISSUE DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE ANNEXURE-A NOT IS ENFORCEABLE AND NON OPERATIVE. UNCONSTITUTIONAL, PRAYING INDIA VOID, OF IN WP NO.28646/2023: BETWEEN:

1. SIDDAKATTE CO-OPERATIVE AGRICULTURAL SOCIETY LIMITED AND OTHERS, NO.F F 124/1947, BANTWAKL TALUK, POST: SIDDAKATTE - 574237, D K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT PRABHAKARA PRABHU, S/O LATE SADASHIVA PRABHU, AGED ABOUT 48 YEARS, BANTWAL TALUK,POST: SIDDAKATTE - 574237, DAKSHINA KANNADA DISTRICT KARNATAKA CO-OP. SOCIETY ACT NO.11 OF 1959 50

2. KRISHNA PRABHU, S/O VASUDEVA PRABHU, AGED ABOUT 71 YEARS, R/AT PARLA HOUSE, KARPE VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT - 574237, SENIOR CITIZEN BENEFIT NOT CLAIMED.

3. JANARDHANA K, S/O CHANDU POOJARY, AGED ABOUT 62 YEARS, R/AT KODANGE HOUSE, ARAMBODY VILLAGE, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574237, SENIOR CITIZEN BENEFIT NOT CLAIMED.

4. RAJEEVI, W/O SHRIDHARA POOJARY, AGED ABOUT 56 YEARS, R/AT KUKKURI HOUSE, KARPE VILLAGE AND POST, BANTWAL TALUK, DAKSHINA KANNADA DISTRICT-574237. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. 51 (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE TO DIRECT, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE ANNEXURE-A DTD 27.07.2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. PRAYING INDIA OF IN WP NO.7450/2024: BETWEEN:

1. VITTAL VYAVASAYA SEVA SAHAKRI SANGA LIMITED, NO DRG/S/2612/76-77, VITTAL POST VITTAL, BANTWAL TALUK, D K DISTRICT - 574243, REPRESENTED BY ITS PRESENT PRESIDENT, N NARSAPPA POOJARY, S/O BABU YANE ISHWARA POOJARY, AGED ABOUT 63 YEARS, VITTAL, POST VITTAL, BANTWAL TALUK, D K DISTRICT - 574243, REG UNDER KARNATAKA CO OP SOCIETY ACT 1959, (PETITIONER NO 1 IS SENIOR CITIZEN BENEFIT NOT CLAIMED)

2. A MAHABALESHWARA BHAT, S/O A RAMACHANDRA BHAT, AGED ABOUT 55 YEARS, R/AT ALANGARU HOUSE, VITTAL MUDNOOR VILLAGE AND POST, BANTWAL TALUK, D K DISTRICT - 574243.

3. UDAYA KUMAR, S/O LATE RUKUMA GOWDA, AGED ABOUT 49 YEARS, R/AT NAITHOTTU HOUSE, VITTAL KASABA VILLAGE, 52 MANGALA PADAVU POST, BANTWAL TALUK, D K DISTRICT - 574243.

4. SADANANDA, S/O LATE SUBBANNA GOWDA, AGED ABOUT 52 YEARS, R/AT DEPPINI HOUSE, VITTAL KASABA VILLAGE, VITTAL POST, BANTWAL TALUK, D K DISTRICT - 574243. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE NOT IS ANNEXURE-A ENFORCEABLE AND NON OPERATIVE. UNCONSTITUTIONAL, PRAYING INDIA VOID, OF IN WP NO.7451/2024: 53 BETWEEN:

1. BILINELE PRIMARY AGRICULTURAL CREDIT CO-OP. SOCIETY LIMITED AND ORS, NO.608, BILINELE VILLAGE, NETTANA POST, KADABA TALUK, D K DISTRICT - 574230, REPRESENTED BY ITS PRESENT PRESIDENT DAMODARA D M, S/O LATE MONAPPA GOWDA, AGED ABOUT 53 YEARS, R/AT DERANE HOUSE, SHIRIBAGILU VILLAGE, GUNDYA POST, KADABA TALUK, D K DISTRICT - 574229, REG. UNDER KARNATAKA CO OP. SOCIETY ACT 1959

2. VENKATARAMANA GOWDA, S/O DEVANNA GOWDA, AGED ABOUT 38 YEARS, R/AT BAILU HOUSE, BILINELE VILLAGE, NETTANA POST, KADABA TALUK, D K DISTRICT - 574230.

3. UMAVATHI, W/O KUSHALAPPA GOWDA, AGED ABOUT 40 YEARS, R/AT SOODLU KALIGE HOUSE, BILINELE VILLAGE, NETTANA POST, KADABA TALUK, D K DISTRICT - 574230.

4. CHENNAKESHAVA S/O DEVANNA GOWDA, AGED ABOUT 59 YEARS, R/AT KAINTHILA HOUSE, KOMBARU VILLAGE AND POST, KADABA TALUK, D K DISTRICT - 574230. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY 54 AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE SOCIETIES, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF TO THE DIRECT, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 VIDE NOT IS ANNEXURE-A ENFORCEABLE AND NON OPERATIVE. UNCONSTITUTIONAL, PRAYING INDIA VOID, OF IN WP NO.7452/2024: BETWEEN:

1. PERNE VYAVASAYA SEVA SAHAKARI SANGA LIMITED NO. DRP/S9/RGN/25929/05-06, PERNE VILLAGE AND POST, BANTWAL TALUK, D K DISTRICT - 574325, REPRESENTED BY ITS PRESENT PRESIDENT, THOYAJAKSHA SHETTY S, S/O LATE RAMANNA SHETTY, AGED ABOUT 67 YEARS, PERNE VILLAGE AND POST, BANTWAL TALUK, D K DISTRICT - 574325.

2. THANIYAPPA POOJARY, S/O DUGGAPPA POOJARY, AGED ABOUT 60 YEARS, R/AT NADUPALU HOUSE, 55 BILIYOOR VILLAGE AND POST, BANTWAL TALUK, D K DISTRICT - 574325.

3. SUNI NELSON PINTO S/O ANTHONI PINTO, AGED ABOUT 44 YEARS, R/AT KORATHIKATTE HOUSE, PERNE POST AND VILLAGE, BANTWAL TALUK, D K DISTRICT - 574325.

4. NEELAPPA GOWDA, S/O RAMANNA GOWDA, AGED ABOUT 55 YEARS, R/AT KALENJA HOUSE, PERNE VILLAGE AND POST, BANTWAL TALUK, D K DISTRICT - 574325. (PETITIONER NO.1 & 2 SENIOR CITIZEN BENEFIT NOT CLAIMED) ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF TO CONSTITUTION PRAYING INDIA OF THE 56 DIRECT, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. ACT NO.27/2023 KARNATAKA BY IN WP NO.7490/2024: BETWEEN:

1. ALIKE VYAVASAYA SEVA SAHAKARI SANGA LIMITED, NO 3969, ALIKE VILLAGE, ATHYASAIVIHARA POST, BANTWAL TALUK, D K DISTRICT - 574235, REPRESENTED BY ITS PRESENT PRESIDENT, KANA ISHWARA BHAT, S/O LATE GANAPATHI BHAT, AGED ABOUT 63 YEARS, ALIKE VILLAGE, SATHYASAIVIHARA POST,BANTWAL TALUK, D K DISTRICT - 574235, REG UNDER KARNATAKA CO OP SOCIETY ACT 1959 SENIOR CITIZEN BENEFIT NOT CLAIMED.

2. VASANTHA A, S/O PAKEERA MOOLYA, AGED ABOUT 60 YEARS, R/AT YERUMBU HOUSE, ALIKE VILLAGE, SATHYASAIVIHARA POST, BANTWAL TALUK, D K DISTRICT - 574235, SENIOR CITIZEN BENEFIT NOT CLAIMED.

3. CHANDRAKANTHA ALWA M, S/O SANKAYYA ALWA, AGED ABOUT 69 YEARS, R/AT MATHALIKE HOUSE, ALIKE VILLAGE, SATHYASAIVIHAR POST, BANTWAL TALUK, D K DISTRICT - 574235, SENIOR CITIZEN BENEFIT NOT CLAIMED.

4. ROOPESH RAI, S/O NARAYANA RAI, AGED ABOUT 48 YEARS, 57 ALIKE VILLAGE, SATHYASAIVIHARA POST,BANTWAL TALUK, D K DISTRICT - 574235. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS CONSTITUTION THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF TO THE DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS IS INTRODUCED UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. ACT NO.27/2023 KARNATAKA PRAYING INDIA OF BY IN WP NO.7552/2024: BETWEEN:

1. NERALAKATTE SAHAKARI VYAVASAYIKA SANGHA LIMITED, NO.2694, NERALAKLATTE VILLAGE, NERALAKATTE POST, BANTWAL TALUK, 58 D K DISTRICT - 574253, REPRESENTED BY ITS PRESENT PRESIDENT PUSHPARAJA CHOWTA, S/O LATE VENKATAPPA CHOWTA AGED ABOUT 50 YEARS, NERALAKLATTE VILLAGE, NERALAKATTE POST, BANTWAL TALUK, D K DISTRICT - 574253, REG. UNDER KARNATAKA CO-OPP SOCIETY ACT 1959.

2. THANIYAPPA GOWDA D, S/O AITHAPPA GOWDA D, AGED ABOUT 62 YEARS R/AT DASAKODI HOUSE, NETLAMUDNUR VILLAGE, NERALAKATTE POST, BANTWAL TALUK, D K DISTRICT - 574253, SENIOR CITIZEN BENEFIT NOT CLAIMED.

3. SANATH KUMAR RAI, S/O MAHABALA RAI, AGED ABOUT 44 YEARS, R/AT TUMBEKODI HOUSE, ANANTHADI VILLAGE AND POST BANTWAL TALUK, D K DISTRICT - 574253.

4. SUDHAKARA P, S/O CHANNAPPA NAIK, AGED ABOUT 43 YEARS, PANOOR PERAJE VILLAGE, BUDOLI POST, BANTWAL TALUK D K DISTRICT - 574253. ...PETITIONERS (BY SRI A KESHAVA BHAT, ADVOCATE) AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 59 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.7566/2024: BETWEEN:

1. ARYAPU PRIMARY AGIRCULTURAL CREDIT CO-OPERATIVE SOCIETY LIMITED, DRG/263/76-77, ARYAPU, PUTTUR TALUK, POST: ARYAPU - 574210, D.K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT, H.MAHAMMADH ALI, S/O LATE IBRAHIM H H, AGED ABOUT 59 YEARS, ARYAUP, PUTTUR TALUK, POST: ARYAPU - 574210, D.K DISTRICT, REG UNDER KARNATAKA CO. OPP SOCIETY ACT 1959. 60

2. SADANANDA SHETTY, S/O NARAYANA SHETTY, AGED ABOUT 60 YEARS, KORELU HOUSE, ARYAPU, PUTTUR TALUK, POST: ARYAPU - 574210, D.K DISTRICT, NOT CLAIM THE BENEFIT OF SENIOR CITIZEN.

3. GANESH RAI, S/O SHESHAPPA RAI AGED ABOUT 45 YEARS, MODAPPADY MOOLE HOUSE, ARYAPU, PUTTUR TALUK, POST: ARYAPU - 574210, D.K DISTRICT.

4. ISMAYIL M, S/O ABDUL RAHIMAN, AGED ABOUT 42 YEARS, MALAR HOUSE, KURIYA VILLAGE AND POST, PUTTUR TALUK, D.K DISTRICT-574210. (BY MR A KESHAVA BHAT, ADVOCATE) ...PETITIONERS AND: 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, 61 NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. IN WP NO.8460/2024: BETWEEN: PUNACHA PRATHAMIKA VYAVASAYA SEVA SAHAKARI SANGHA LTD., NO. DRG/S/2609/76-77, PUNACHA VILLAGE AND POST, BANTWAL TALUK - 574243, D K DISTRICT, REPRESENTED BY ITS PRESENT PRESIDENT, JANARDHANA BHAT, S/O NARAYANA BHAT, AGED ABOUT 55 YEARS, PUNACHA VILLAGE, POST: PUNACHA - 574 243, BANTWAL TALUK, D K DISTRICT. REG. UNDER KARNATAKA CO-OP. SOCIETIES ACT 1959. (BY SRI A KESHAVA BHAT, ADVOCATE) ...PETITIONER AND: 62 1 . THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PARLIAMENTARY AFFAIRS AND LEGISLATION, VIDHANA SOUDHA, BANGALORE - 560001. 2 . THE SECRETARY, DEPARTMENT OF CO-OPEARATIVE, VIDHANA SOUDHA, BANGALORE - 560001. 3 . THE REGISTRAR, DEPARTMENT OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, VASANTHA NAGAR, BANGALORE - 560052. …RESPONDENTS (BY SRI K SHASHIKIRAN SHETTY, ADVOCATE GENERAL A/W SMT AMARAVATHY H R, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, DECLARING THAT THE SECTION 128A OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT WHICH WAS INTRODUCED BY KARNATAKA ACT NO.27/2023 ANN-A DTD 27/07/2023 IS UNCONSTITUTIONAL, VOID, NOT ENFORCEABLE AND NON OPERATIVE. THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 18TH JUNE, 2024 AND COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: 63 CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE CAV ORDER (PER: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE)

1. Section 128A of the Karnataka Co-operative Societies Act, 1959 (for short ‘Act of 1959’) has a weird history to tell. It successfully withstood the challenge to its constitutional validity in 1986. However, the said provision is omitted vide Ordinance No.8 of 2009. On 29.03.2010, provision (re-numbered as 128-A) makes a comeback. And on 01.07.2020, said provision is once again omitted. On

27.07.2023, Section 128-A again finds its place in the Act of 1959, vide Act No.27/2023.

2. But for a hyphen between ‘128’ and ‘A’, the provision is a replica of Section 128A, which has been declared ‘intra vires’, in PCLD Bank Vs. State of Karnataka1. However, in this batch of petitions, the provision once again faces the challenge to its constitutional validity. 1ILR 1986 Karnataka 427 64

3. Some of the petitioners are the Primary Co-operative Societies registered under the Act of 1959, others are the members or office bearers of the Primary co-operative societies.

4. Quite obviously, the State and the interveners (Federal Societies) have raised the following preliminary objections to the maintainability of the Writ Petitions. (a) The identical provision (Section 128-A) as it stood in 1986, is held to be constitutional by the Division Bench in PCLD Bank, supra. Thus, the principle of res judicata applies, as such the Writ Petitions are not maintainable. (b) The Writ Petitions are premature; there is no cause of action as the Registrar of co-operative societies (‘Registrar’ for short) has not implemented the Regulations under Section 128-A of the Act of 1959. The right to challenge will accrue only in case, the Regulations violate the fundamental rights of the members of the Society.

5. Section 128-A of the Act of 1959 was introduced by way of amendment vide Act No.27/2023. The amended provision reads as under: 65 "128-A. Constitution of a common cadre.

1. Notwithstanding anything contained in this Act, the rules or the bye-laws, where the Registrar, in the interest of the co-operative movement, considers that the creation of a common cadre of employees for any class of co- operative societies is necessary, he shall authorize one or more federal societies to which such class of co-operative societies is affiliated to exercise the power of appointment, transfer and disciplinary action in respect of such categories of employees of that class of co-operative societies as may be specified by him and make such regulations as may be necessary for carrying out the said purpose. Where such federal society is so authorised by the Registrar, the affiliated co- operative societies shall not have powers to deal with such categories of employees except to the extent the regulations may permit.

2. The Registrar shall have the power to require the affiliated co-operative societies to make contribution of such sum every year towards expenditure, as the federal society is likely to incur or has incurred for the purpose. If any co- operative society fails to pay the said sum to such authority as may be specified by the Registrar and within the time fixed by him, the Registrar may on 66 the application of the authority, and after such enquiry as he may consider necessary, make an order requiring the co-operative society to pay the amount, and every such order shall be enforceable against the co-operative society as if it were an award under Section 71.”

6. The 97th amendment to the Constitution of India, came into effect on 15.02.2012. The relevant amendments for the discussion in these petitions are the amendment to Article 19(1)(c) and the introduction of Article 43-B.

7. On the plea of res judicata. The plea of res judicata is not available. It is indeed true that the constitutional validity of Section 128-A was upheld by the Division Bench of this Court, in 1986, in PCLD Bank supra. Said provision was omitted later, and re-introduced in 2023. However, significant developments have taken place since the validity of the said provision was upheld in 1986.

8. The 97th amendment to the Constitution of India, amended Article 19(1)(c) of the Constitution of India in

2012. The expression “co-operative societies” was introduced in Article 19(1)(c). And a whole new Article 43-B is also 67 introduced. The Act of 1959 is amended. But for these amendments, the challenge to the constitutional validity of Section 128-A would have been hit by the principle of res judicata. However, post the judgment in PCLD Bank supra, the right to form a co-operative society is a ‘fundamental right’. Further, there is also a constitutional mandate on the State in the form of Directive Principle in Article 43-B of the Constitution of India, to promote voluntary formation, autonomous functioning, and democratic control Co-operative Sector. In addition, the Act of 1959 itself is amended incorporating constitutional aspirations envisaged in Article 43-B of the Constitution of India.

9. The premise on which the challenge is leveled has undergone a huge change, since the judgment in PCLD Bank supra in 1986 because of the 97th amendment to the Constitution of India which came into effect in 2012. The second challenge is a post-97th amendment Constitution of India. Thus, the second challenge is on a new legal ground which was not legally available at the time of the first challenge. For this reason, even the plea of constructive res judicata is not available. These subsequent 68 changes in the regime of law will obliterate the technical plea of res judicata. Thus, the petitions merit consideration on merits.

10. On the plea that the Writ Petitions are premature for want of cause of action: a. Section 128-A of the Act of 1959 enables the Registrar to frame Regulations in respect of three matters namely, recruitment, transfer, and disciplinary action concerning the employees of co-operative societies. The Registrar may confer the power on these three matters on a Federal Society to which such co-operative societies are affiliated. Before the introduction of Section 128-A of the Act of 1959, the power to recruit, transfer, and hold disciplinary action is with co-operative societies. Section 128-A which confers the power on the Registrar Regulations on certain matters which are within the powers of the Primary co-operative societies, has immense potential to take away those rights hitherto exercised by the petitioners. Thus, there is a cause of action to the petitioners to file a Writ Petition. Indeed, 69 the Regulations under the impugned provision have not yet been brought into action. However, the State admits that the Regulations are framed, and but for the interim stay order, the Regulations would have come into force. This being the position, the contention that the Writ Petitions are premature holds no water. b. More than anything else, when the challenge stems from the premise that the State has no power to authorise the Registrar to confer such power on federal Society, the petitioners need not wait Regulations to be framed under impugned provision. Thus, there is cause of action and Writ Petitions are not pre-mature. c. The reliance placed by the respondents on the judgment of the Hon’ble Apex Court in Kusum Ignots and Alloys Ltd vs. Union of India2 is not of much avail to the respondents as the Constitution Bench of the Hon’ble Apex Court in earlier judgment in K.K. Kochunni vs. State of Madras3 is not brought to the notice in Kusum Ignots supra. In K.K. Kochunni ORDER a. Writ Petitions are allowed. b. Section 128-A of the Karnataka Co-operative Societies Act, 1959 introduced by Act No.27 of 2023 is ultra vires the Constitution of India and struck down. c. No order as to costs. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN/CHS/GVP