Amendment applications under cooperative law must be considered in light of previous legal decisions quashing winding-up proceedings, ensuring compliance with governance requirements.

ORDER :

Ashok S. Kinagi, J.

The petitioners have filed this petition seeking the following reliefs:

"i) Issue a writ of certiorari or any other appropriate writ quashing Order bearing No.L.11015/4/1994-L & M dated 26.09.2017 issued by the Central Registrar of Cooperative Societies by respondent No.1 produced as Annexure-F;

ii) Issue a writ of certiorari or any other appropriate writ quashing Order bearing No.L- 11014/67/2017-L & M dated 25.05.2018 issued by the Appellate Authority respondent No.2, produced as Annexure-H;

iii) Issue a writ of mandamus or any other appropriate writ directing the respondent No.1 to register the amendments to the bye-laws of the petitioner No.1 as per the application dated 31.10.2016 produced as Annexure-D;

(iv) Award costs of the petition; and

(v) Pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.”

2. Brief facts leading rise to the filing of this writ petition are as follows:

Petitioner No.1 is registered Society under the provisions of Multi-State Co-operative Societies Act, 2002 (for short ‘the MSCS Act, 2002’) as a Multi State Co- operative Society on 20.08.1998. On 28.09.2015, the Annual General Meeting of the petitioner-Society inter alia changing of registered office was held and the changed registered office of the Society was updated in the official website of the respondent. On 23.09.2016, Annual General Meeting of the Society was held in which there was a proposal to amend the bye-laws. The proposed amendments to the bye-laws were submitted for registration of respondent No.1 on 31.10.2016. Respondent No.1 rejected the application for proposed amendment to the bye-laws on 26.09.2017 on the ground that the petitioners-Society came to know that respondent No.1 initiated winding up proceedings. The petitioners’ aggrieved by the order dated 26.09.2017, preferred an appeal before respondent No.2 under Section 99(1)(b) of the MSCS Act, 2002. Respondent No.2 dismissed the appeal and confirmed the order dated 26.09.2017 by its order dated 25.05.2018. The petitioners, aggrieved by the order passed by respondent No.1 dated 26.09.2017 and the order passed by respondent No.2 dated 25.05.2018, filed this writ petition.

3. Heard Sri K. Shashi Kiran Shetty, learned Senior counsel for the petitioners and also the learned counsel for the respondents.

4. Learned Senior counsel for the petitioners submits that respondent No.1 committed an error in rejecting an application for approval of the proposed amendment. He also submits that the winding up of proceedings has been set aside by this Court in W.P.No.31007/2018 vide order dated 15.12.2025. He also submits that the petitioner-Society will hold a meeting within 60 days. He submits that in view of the communication dated 29.12.2025, vide Annexure-P3 produced today i.e., on 05.01.2026 along with the memo. He submits that the petitioner- Society will convey the General Body Meeting, and prepare the electoral rolls as on 31.03.2025, conduct the election and regarding submission of the proposal of amendment of bye-laws to align them with MSCS Act & Rules (Amended). Hence, in view of the communication dated 29.12.2025, he prays to allow the writ petition.

5. Per contra, learned counsel for the respondents submits that, in view of the communication dated 29.12.2025, the writ petition may be disposed off.

6. Perused the records, and considered the submissions of the learned counsel for the parties.

7. It is an undisputed fact that the petitioner-Society was registered under the provisions of Multi-State Co-operative Societies in 1998. On 28.09.2015, a Annual General Meeting of the petitioner-Society was held for chang