DESAHALLY SERVICE CO-OPERATIVE SOCIETY LTD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions under Article 226 of the Constitution have been referred to a Division Bench.

(2.) This is the second round of litigation challenging amalgamation of cooperative societies. In. these petitions, originally the validity of Karnataka Ordinance No. 2 of 1978 had been impugned. Since that Ordinance has been replaced by the Karnataka Co-operative Societies (Amendment) Act, 1978 (Karnataka Act No. 14 of 1978) (hereinafter, referred to as the Amendment Act), the prayer in most of these petitions, has been amended so as to impugn the validity of the. Amendment Act. In some of these petitions, the constitutionality of Section 14-A of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as the Act), has also been impugned.

(3.) Before dealing with the rival contentions of learned counsel, it is necessary to set out the historical background of the impugned Amendment Act,