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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.G.UMA
Aravind M.A., S/o. Annaji Gowda – Appellant
Versus
Additional Registrar Of Co-Operative Societies, (H AND M), Bengaluru – Respondent
ORDER :
M.G.UMA, J.
The petitioners have approached this Court seeking to issue a writ in the nature of certiorari to quash the order dated 11.07.2025 passed by respondent No.2 produced as per Annexure-E and the orders dated 30.09.2025 and 13.10.2025 passed by respondent No.1 produced as per Annexures-N and P respectively.
2. Brief facts of the case are that, the petitioners are the elected Directors of respondent No.3 - Society elected in the election that was held on 01.09.2018. The petitioners were re-elected again in the election that was held on 27.08.2023. It is contended that during 2018, respondent No.2 has passed an order disqualifying the petitioners along with other Directors of the Board for a period of 5 years as per order dated 29.04.2019 passed under Section 29 -C of Karnataka Co- operative Societies Act (for short 'the KCS Act'). The said order was challenged before this Court by filing writ petition raising the contentions that Section 29 -C could not have been invoked against all the members of the Board. Writ Petition Nos.49716- 49725 of 2019 came to be allowed vide order dated 29.04.2019 and 24.06.2019 giving liberty to respondent No.2 to issue fresh Show Cause N
Section 29-C of the Karnataka Co-operative Societies Act applies to individual misconduct, not collective board decisions; thus, disqualifying directors for collective actions is improper.
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.
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.
A member of a co-operative society remains disqualified for defaulting on dues at the time of election, even if the dues are cleared subsequently.
The introduction of new qualifications by amendment does not invalidate prior co-options already approved by relevant authorities.
The court established that applicants for cooperative society membership are deemed members if no action is taken within two months, and emphasized only the Chief Executive Officer can represent the ....
A cooperative society must provide specific allegations prior to expelling members, and any dismissal of membership without due process is unsustainable under the Telangana Cooperative Societies Act.
The court establishes that the removal of a co-opted member from a cooperative society must adhere to Rule 43-A, failing which any subsequent actions are void.
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