Herga Vyavasaya Seva v. The State of Karnataka

NC:(2026:KHC:22512( WP(No.(16172(of(2023( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

RDDATED(THIS(THE(23 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(E.S.INDIRESH( WRIT(PETITION(NO.(16172(OF(2023((CS-RES)( BETWEEN:(( (

1., HERGA,VYAVASAYA,SEVA,, SAHAKARA,SANGHA,(N), HERGA,VILLAGE,,PARKALA,POST,,

UDUPI,TALUK,AND,DISTRICT,-,576107, (A,SOCIETY,REGISTERED,UNDER,KCS,ACT,,1959), REPRESENTED,BY,ITS,PRESIDENT,,

DINAKAR,SHETTY,HERGA., ,

2., MAHESH,NAYAK,,

S/O,PANDURANGA,NAYAK,, AGED,46,YEARS,, DIRECTOR,OF,FIRST,PETITIONER,SOCIETY,, R/O,D.NO.,2-22,,ALAMBI,HOUSE,80,,BADAGABETTU,, UDUPI,TALUK,AND,DISTRICT,-,574119., ,

3., SMT.,SUMITHRA,NAYAK, Digitallytisignedtiby W/O,RAMACHANDRA,NAYAK,, CHAYA0S0A AGED,58,YEARS,, Location:0HIGH COURT0OF DIRECTOR,OF,THE,FIRST,PETITIONER,SOCIETY, KARNATAKA R/O,D.NO.,7-116A,,SANNAKKIBETTU,, HERGA,VILLAGE,,PO.,PARKALA,, UDUPI,DISTRICT,-,576107., …PETITIONERS, (BY,SRI.,MAHESH,R,UPPIN.,ADVOCATE), AND:( (

1., THE,STATE,OF,KARNATAKA, DEPARTMENT,OF,CO-OPERATION,, NC:(2026:KHC:22512( WP(No.(16172(of(2023( ( , ,,HC-KAR( ( ( VIKAS,SOUDHA,,, BENGALURU,-,560001, REP.,BY,ITS,SECRETARY., ,

2., THE,REGISTRAR,OF,CO-OPERATIVE,, SOCIETIES,IN,KARNATAKA,, NO.1,,ALI,ASKER,ROAD,, BENGALURU,-,560052., ,

3., THE,ASST.,REGISTRAR,OF,CO-OPERATIVE, SOCIETIES,, KUNDAPURA,SUB-DIVISION, SANJEEVA,PRABHU,BUILDING,, MASTIKATTE,,KUNDAPURA,, UDUPI,,DISTRICT,-,576201., …RESPONDENTS, (BY,SRI.,YOGESH,D,NAIK,-,AGA.), , , , -----, , THIS,WP,FILED,IS,FILED,UNDER,ARTICLES,226,AND,227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASH, THE, ORDERS, DT.17/03/2023, BEARING, NO., RCS/CRD/KME-3/21/2022-23, PASSED, BY, THE, R2, MARKED, AS, ANNEXURE-A, THE, LETTER, DTD, 11/07/2023, BEARING, NO., RCS/CRD/KME-3/21/2022-23, ISSUED, BY, THE, R2, MARKED, AS, ANNEXURE-E, AND, THE, ORDER, DTD, 11/07/2023, BEARING, NO., RCS/CRD/KME-3/21/2022-23,PASSED,BY,THE,R2,MARKED,AS, ANNEXURE-F,AND,ETC.,, , THIS,PETITION,,COMING,ON,FOR,FINAL,HEARING,,THIS, DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, CORAM:, HON'BLE,MR.,JUSTICE,E.S.INDIRESH, ,

ORAL ORDER Heard learned counsel appearing for the parties.

¶2In this petition, the petitioners are seeking writ of certiorari to quash Order dated 17.03.2023 passed by respondent No.2 at Annexure-A to the writ petition.

¶3Sri Mahesh R Uppin, learned counsel appearing for the petitioners contended that, perusal of Annexures-D and E would indicate that the respondent-authorities have made it mandatory to implement Section 129-A of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as "the Act" for brevity) so as to adopt the Model Bye-laws and in this regard, learned counsel places reliance on the judgment of this Court in W.P.No.16067 of 2023 disposed of on 28.08.2025. Accordingly sought for an identical order in this writ petition.

¶4Per contra, Sri Yogesh D Naik, learned AGA refers to Section 129-A(3) of the Act and submitted that, it is the duty of the Society to implement Section 129-A of the Act. Accordingly, sought for dismissal of the petition.

¶5I have considered the submission made by the learned counsel appearing for the parties and carefully examined the

reasons assigned in Annexures-D and E to the writ petition wherein the respondent-Authorities have directed the petitioner-Society to implement Section 129A of the Act. In this regard, it is relevant to extract paragraphs No.6 and 7 of the W.P.No.16067 of 2023 disposed of on 28.08.2025, which reads as under : "6. The impugned proceedings have emanated by virtue of the powers vested in the respondents under Section 129A of the Act of 1959. The petitioners have not challenged the vires of Section 129 of the Act of 1959. Be that as it may, a reading of Section 129A of the Act of 1959 makes it more than evident that the Co-operative Society is at liberty to adopt model bye-laws with or without modification, which thereby means that the model bye-laws which suits the petitioner No.1 could alone be incorporated and adopted. Therefore, the apprehension of the petitioner No.1 that by adopting model bye-laws, its constitution would be affected, is misplaced. The petitioner No.1 is at liberty to pick up only those bye-laws from the model bye-laws, which are suitable for its existence and operation and whatever that does not suit the petitioner No.1 or its business, the same may not be adopted. If the petitioner No.1 has any grievance, it may approach the Registrar as provided under Section 129A(3) of the Act of 1959 and seek appropriate reliefs from the Registrar.

¶7The writ petition stands disposed off on the above terms. The petitioner No.1 is at liberty to place the adopted model bye-laws before the Annual General Meeting and proceed in accordance with law."

¶8In that view of the matter, without going into the merits of the case, by following the declaration of law made by this Court in W.P.No.16067 of 2023 (supra), the petitioner-Society is at liberty to place the Adopted Model Bye-laws before the Annual General Meeting and proceed in accordance with law. With this observation, writ petition is disposed of.

Sd/- (E.S.INDIRESH) JUDGE

RS List No.: 2 Sl No.: 46