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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SURAJ GOVINDARAJ
Lokesh B.N. S/o Late Narasaiah – Appellant
Versus
Milk Producers Co-Operative Society Ltd. – Respondent
ORDER :
1. The petitioner is before this Court seeking for the following reliefs:
1.1. Issue a writ of certiorari to quash the order passed by the 3rd respondent abolition of the elected body and appointing a 2nd respondent as a special officer in the 1st respondent society on 11.04.2025 which is produced as Annx-A.
1.2. Issue any other writ or order or directions as this Hon'ble deems fit to grant in the facts and circumstances of the case including costs, in the interest of justice and equity.
2. The petitioner claims to be elected to the post of Director of the 1st respondent-society in the election conducted on 6.8.2023. Thereafter, the petitioner was elected to the post of President in the election conducted by the office bearers on 19.8.2023. The Board of Directors of the 1st respondent-society comprising of 12 members. On 25.3.2025, seven members were stated to have submitted their resignation. In pursuance of which, there being no quorum, a Special Officer was appointed, which has been challenged by the Petitioner in this petition.
3. Sri.Adinarayan, learned counsel for petitioner submitted that:
3.1. All the seven Directors have not resigned inasmuch as two of the Directors have
Resignation letters submitted under the Karnataka Co-operative Societies Act, 1959 cannot be withdrawn after 15 days; hence, any claims based on late withdrawals are not sustainable.
Directors of a co-operative society are disqualified from voting and continuing in office if they admit to not fulfilling minimum service requirements as per the society's bylaws.
The appointment of an administrator does not equate to the supersession of a Board, and actions taken prior to such appointment remain valid; votes cast under these circumstances must be counted, sub....
The main legal point established in the judgment is that the by-law no.44(5) was not inconsistent with the provisions of the Maharashtra Cooperative Societies Act, 1960, and the petitioner had alread....
Court emphasized compliance with statutory provisions regarding the appointment and tenure of management in cooperative societies.
The court ruled that decisions lacking reasoned justification and not adhering to natural justice principles are arbitrary, warranting annulment and re-evaluation of the case.
The term of a cooperative society's managing committee cannot be extended beyond its statutory period despite external delays affecting elections.
The President's presence was not essential in the special meeting for a motion of no confidence, and the calculation of majority was clarified by the court.
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