The court determined that the specific procedure under Rule 6 applies to registrar-directed amendments to cooperative society bye-laws, requiring only a majority vote without deliberation, affirming adherence to statutory voting requirements.

ORDER :

SURAJ GOVINDARAJ, J.

1. The Petitioners in each of the above petitions are before this Court seeking for the following reliefs:

W.P.No.11433/2025

a. Call for the entire records including the video clips from the hands of the R3 administrator in related to the impugned proceedings as per Annexure-K dated 13.03.2025.

b. Issue a writ in the nature of certiorari or any other writ to quash the proceedings of the general body dated 13.03.2025 in so far as it relates to subject No.4 as per Annexure-K and also the certification by the registrar in terms of the impugned order dated 21.03.2025 in No.JRB/Bye-Law/Thiddupadi-28/2024-2025 as per Annexure-L.

c. Issue any appropriate order or directions as this Hon’ble Court deemed fit and proper in the facts and circumstances of the case and allow this writ petition in the ends of justice and equity.

W.P.No.11408/2025;

a. Issue a writ or certiorari to quash the resolution dated 13.03.2025 passed by the R4 (produced as Annexure-A).

b. Issue a writ of certiorari to quash the order dated 21.03.2025 bearing No. JRB/Amendment-2/2024-2025 passed by the R3 (produced as Annexure-B).

c. Pass such other orders or directions as deem fit by this Hon’ble Court including awarding the costs, in the interest of justice and equity.

2. The background and facts in both the above petitions are more or less similar. The same is narrated as below;

2.1. The Petitioners in both matters are Primary Societies who are members of the Respondent No.4-Union. The Union was earlier called Kolara-Chikkaballapura District Co-operative Milk Producers Societies Union Limited with its area of operation in Kolar and Chikkaballapura. Respondent No.3-Joint Registrar of Co-Operative Societies (JRCS) had passed an order on 22.06.2022 bifurcating the Union as Kolar District Co-operative Milk Producers Union (hereinafter referred to as ‘Kolar Society’) having its territorial jurisdiction as Kolar District. The Chikkaballapur District Co- operative Milk Producers Societies Union Limited (hereinafter referred to as ‘Chikkaballapur Society’) having its jurisdiction over Chikkaballapur District.

2.2. Thereafter, the said order came to be withdrawn on 25.06.2023, restoring both the Unions to the original position of Kolara- Chikkaballapur District Co-operative Milk Producers Societies Union Limited. The JRCS on 25.09.2024 withdrew the order dated 25.06.2023 again bringing back to force the bifurcation as indicated above.

2.3. Pursuant to the order dated 25.09.2024, administrators were appointed to the Kolar Society and Chikkaballapur Society, after the bifurcation, the JRCS appointed administrators to the Union and issued the approved bye-laws of the Union on 22.06.2022. Bye-law 14 thereof provides for 13 directors with the representation of 6 directors from the 6 talukas of Kolar.

2.4. The Respondent No.5-Managing Director of the Kolar Society had addressed a letter on 28.10.2024 requesting the JRCS to amend Rule 14.2 of the Bye-laws of the Kolar Union. Thereafter, the JRCS had issued a direction under Sub-section (5) of Section 12 of the Karnataka Cooperative Societies Act, 1959(hereinafter referred to as ‘KCS Act’) proposing amendment to Clause 14 and 14.1 of the bye-laws of the Kolar Union and thereafter had passed an order on 29.11.2024 u