IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.4732 OF 2020 (CS-RES)

BETWEEN:

M B JAGADEESH S/O LATE BYRAPPA AGED ABOUT 56 YEARS ACTING SECRETARY MADAGONDANAHALLI MPCS LIMITED, MADAGONDANAHALLI, DODDABALLAPURA TALUK-561203 …PETITIONER (BY SRI. RAMACHANDRA N.,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY Digitally signed TO GOVERNMENT by YAMUNA K L DEPARTMENT OF CO OPERATION Location: HIGH COURT OF GOVERNMENT OF KARNATAKA, KARNATAKA 6^TH FLOOR, 3^RD GATE, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001.

2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DODDABALLAPURA SUB-DIVISION, DODDABALLAPUR-561203.

BENGALURU RURAL DISTRICT.

3. MADAGONDANAHALLI MILK PRODUCERS CO-OEPRATIVE SOCIETIES LTD MADAGONDANAHALLI VILLAGE, MADHURE HOBLI, DODDABALLAPUR TALUK-561203 CHIEF EXECUTIVE OFFICER/SECRETARY.

4. MUTHURAYAPPA S/O LAT DODDAIAH AGED ABOUT 55 YEARS

5. NARAYANAPPA S/O LATE NANJEGOWDA AGED ABOUT 63 YEARS

6. T.HANUMANTHA RAJU S/O LATE THIMMEGOWDA AGED ABOUT 53 YEARS

7. LAKSHMAMMA W/O CHENNEGOWDA AGED ABOUT 53 YEARS R4 TO R7 ARE MEMBERS OF MADAGONDANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD MADAGONDANAHALLU VILLAGE, MADHURE HOBLI, DODDABALLAPUR TALUK-561203.

8. N.NAGARAJ EX-PRESIDENT, MADAGONDANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD MADAGONDANAHALLI VILLAGE, MADHURE HOBLI, DODDABALLAPUR TALUK-561203.

9. M.R.ANJANEYA S/O LATE RAMAIAH AGED ABOUT 68 YEARS EX-DIRECTOR

10. KEMPEGOWDA S/O LATE ANJINAPPA AGED ABOUT 57 YEARS EX-DIRECTOR

11. KRISHNAMURTHY S/O LATE RAMAIAH AGED ABOUT 51 YEARS EX-DIRECTOR.

12. SMT. AMBUJAMMA S/O LATE CHANNAPPA AGED ABOUT 66 YEARS EX-DIRECTOR.

13. CHUNCHEGOWDA S/O LATE VEERANNA AGED ABOUT 79 YEARS EX-DIRECTOR.

14. CHANDRAPPA S/O LATE VEERANNA AGED ABOUT 56 YEARS EX-DIRECTOR

15. JAYARAMAIAH S/O LATE ANJUNAPPA AGED ABOUT 56 YEARS EX-DIRECTOR.

16. MUNIBYLAPPA S/O LATE KICHABALAIAH AGED ABOUT 55 YEARS EX-DIRECTOR 17. RAMAIAH S/O LATE MUNISHAMAIAH AGED ABOUT 66 YEARS NOW PRESIDENT ALL ARE EX-DIRECTORS OF MADAGONDANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETIES LTD, MADAGONDANAHALLU VILLAGE, MADHURE HOBLI, DODDABALLAPUR TALUK-561203.

…RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 & R2;

SRI. S A KHADRI, ADVOCATE FOR R4, R13, R14, R16;

VIDE ORDER DATED 07.12.2022 NOTICE TO R6 HELD SUFFICIENT; VIDE ORDER DATED 18.12.2023 NOTICE TO R8 & R10 IS HELD SUFFICIENT;

R3, R5, R7, R9, R11, R12, R15 & R17 SERVED &

UNREPRESENTED)

THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17.1.2020 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN APPEAL NO.265/2017 VIDE ANNX-L.

THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA

ORAL ORDER

Petitioner has called in question the Order dated

17.01.2020 [Annexure-L] in Appeal No.265/2017 passed by the Karnataka Appellate Tribunal, Bengaluru [hereinafter referred to as 'Tribunal' for short], whereby, the Order passed by the respondent No.2 - Assistant Registrar of Co-operative Societies [ARCS] was set aside.

2. Brief facts are:

The respondent No.3 is a Co-operative Society registered under the Karnataka Co-operative Societies Act, 1959 [KCS Act 1959]. The object of the Society is to procure milk from its Members and supply it to the Milk Union. The respondent Nos.4, 7 and 17 are Members and the respondent Nos.8 to 16 are ex-Directors of the respondent No.3-Society. The petitioner was appointed as a Milk Tester by the third respondent-Madagondanahalli Milk Producers Cooperative Societies Limited [hereinafter referred to as Society] under a Resolution dated 16.04.1987. Due to the resignation of the then Secretary of the Management of the Society passed a Resolution dated 10.12.2011 to promote the petitioner to the post of Chief Executive Officer [Incharge]. Pursuant to the Resolution, the promotion of the petitioner was confirmed as temporary Chief E