- In a significant ruling, - the Karnataka High Court has struck down Section 128-A of the Karnataka Cooperative Societies Act of 1959, - deeming it unconstitutional. - This section had granted the Registrar extensive powers to control the recruitment, - transfer, - and disciplinary actions of employees in cooperative societies. The Court's RulingThe Court held that: The right to form a cooperative society under Article 19(1)(c) of the Constitution includes the right to manage its employees. While the State can impose reasonable restrictions on these rights, - it cannot completely take away the autonomy of cooperative societies in these matters. Section 128-A, - which grants the Registrar absolute control over employee management, - violates the constitutional rights of cooperative societies. Key Points from the CaseChallenge to Section 128-A: - Several primary cooperative societies and their members challenged the constitutionality of Section 128-A, - arguing that it infringed on their rights to form and manage cooperative societies. State's Argument: - The State contended that cooperative societies, - as non-citizen entities, - cannot claim fundamental rights and that the State has the power to regulate their affairs. Court's Decision: - The Court rejected the State's argument, - finding that cooperative societies have a right to autonomy in managing their internal affairs, - including employee management. Impact of the RulingThe Court's decision is a significant victory for cooperative societies in Karnataka. - It reaffirms their right to self-governance and protects them from excessive government interference in their internal affairs. - The ruling may also have implications for other states with similar laws governing cooperative societies. ConclusionThe Karnataka High Court's decision striking down Section 128-A of the Karnataka Cooperative Societies Act is a landmark ruling that upholds the autonomy of cooperative societies. - It is a testament to the importance of preserving the democratic principles underlying these organizations. Best Regards, Eco Space Realtors TeamYour Trusted Partner for Real Estate Solutions in Bengaluru: +91 9900984444: WhatsApp: https://wa.me/919900984444: https://esrs.in - Link Bio: https://hopp.bio/esrExpert Property Services
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