H PUTTAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The following emerge from the separate judgments pronouncer in these cases : (i) It is unanimously held that Sec.14A of the Karnataka Co-operative Societies Act, 1959 is within the competence of the State Legislature Under Entry 32 of List II of VII Schedule to the Constitution (ii) It is unanimously held that Sec.14A of the Act is not void as offending Art. 14 of the Constitution. (iii) It is held in accordance with the majority opinion (Jagannatha Shetty, Bopanna & Venkatachala JJ.) that Sec.14A is not void as offending Art.19(1) (c) of the Constitution. It is held in the minority judgment (Malimath & Srinivasa Iyengar JJ.) that Sec.14A is void as offending Art.19(1)(c) of the Constitution. (iv) It is held by Malimath & Srinivasa lyengar JJ. that Sec.14A is not void as offending Art.31(1) or Art.31 (2) of the Constitution. (v) It is held in accordance with the majority opinion (Jagannatha Shetty, Bopanna & Venkatachala JJ.) that the principle of audi alteram partem has to be followed while exercising power under Sec. 14A of the Act and that the impugned orders made under the said provision are-void they having been made in contravention of the said principle. Malimath and Srinivasa lyengar JJ. have, in their minority judgment, held that the Legislature has, by necessary implication, excluded the principle of audi alteram partem. (vi) It is held by Malimath and Srinivasa lyengar JJ that the impugned orders have to be quashed On the ground that the same have been made by the Deputy Registrar in a mechanical manner and without applying his mind. II. In the result, the impugned orders made under Sec.14A of the Karnataka Co-operative Societties Act, 1959 are hereby quashed. III. The petitioners are entitled to costs from the State. Advocate's fee is fixed at Rs.250 in each case.

(2.) As in these writ petitions the Constitutional validity of Sec.14A of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the Act) and the orders made thereunder are challenged and as common questions of law arise for consideration, they were heard together and are being disposed of by this common order.

(3.) The first writ petition is by the members of the. concerned co-operative society, the second is by the members and the co-operative society and the remaining writ petitions are by the concerned co-operative societies. In these cases Sec-14A of the Act and the orders made under the said provision amalgamating two or more cooperative societies have been challenged. In order to appreciate the contentions, a brief summary of the relevant provisions of the Act and the legislative history is necessary.