IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108103 OF 2025 (CS-RES)

BETWEEN:

IRANAGOUDA S/O LATE SIDDANNAGOUDA KARADI AGE. 55 YEARS, PRESENTLY WORKING AS CHIEF EXECUTIVE OFFICER/ SECRETARY, PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMITA, HIREADAPUR ILKAL TALUK, BAGALKOT DISTRICT-587125 … PETITIONER (BY SRI. SRINIVAS NAIK, ADVOCATE)

AND:

1. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES / APPELLATE AUTHORITY UNDER THE ACT BAGALKOTE, DIST. BAGALKOTE-587101

2. THE PRESIDENT PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA NIYAMITA, HIREADAPUR ILKAL TALUK, DIST. BAGALKOTE-587125

3. ENQUIRY OFFICER Digitally signed by PRATHAMIKA KRUSHI PATTINA SAHAKARA SANGHA VISHAL NINGAPPA PATTIHAL NIYAMITA, HIREADAPUR Location: High Court of Karn ataka, ILKAL TALUK, DIST. BAGALKOTE-587125 Dharwad Bench, Dharwad 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES SUB-DIVISION BAGALKOTE, DIST. BAGALKOTE … RESPONDENTS (BY SRI. RAMESH CHIGARI, AGA FOR R1, R3 AND R4;

NOTICE TO R2 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE COSNTITUTION OF INDIA, PRYAING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 10.10.2025 PASSED ON IA NO.2 IN APPEAL NO. DRBGK/ABN/APPEAL- 03/PRA.KRU.PA.SA.SAM 2025-26 BY THE 1ST RESPONDENT VIDE ANNEXURE-E AND CONSEQUENTLY ALLOW IA NO.2 AND STAY THE ORDER DATED 04/12/2024 ON THE ENQUIRY REPOST PASSED BY THE 3^RD RESPONDENT VIDE ANNEXUER-A, IN THE ENDS OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR PRL. HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. Heard the learned counsel Shri Srinivas Naik appearing for the petitioner and the learned AGA, Shri Ramesh Chigari appearing for the respondents – State.

2. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands answered by the Coordinate Bench of this Court in W.P. No.105457 of 2024, disposed of on 8^th November 2024. The Coordinate Bench held as follows:

“2. The petitioners, challenging the order dated

31.05.2024 (Annexure-A), passed by the 2^nd respondent/Assistant Registrar, filed an appeal under Section 106(1) (d-2), 2(a) of the Karnataka Co- operative Societies Act, 1959, Hereinafter referred to as the ‘Act’ before the 1^st respondent/Deputy Registrar (Annexure-B). Along with the said appeal, the petitioners preferred an application under Section 106(3) of the Act to stay the execution and operation of the said order bearing No.AR-8/29C/CR- 02/2023-24 dated 31.05.2024 (Annexure-C). The 1^st respondent/Deputy Registrar/Appellate Authority, although entertained the appeal, did not pass any orders on the interim applications filed by the petitioners as is forthcoming from the certified copy of the order sheet (Annexure-D).

3. It is forthcoming that this Court vide order dated 20.02.2024, passed in W.P No.101090/24 noticing the order dated 13.12.2017 passed in W.P No.4623/2017 by a Division Bench of this Court has held as follows:

“4. The Division Bench of this Court in W.P No.4623/2017 and connected appeal disposed off on 13.12.2017 has held that the appeal is a statutory right and grant of stay of the impugned order in the appeal proceedings is a matter of discretion which requires to be exercised by the appellate authorities, particularly when appeal being continuation of the original proceedings.

5. The petitioners having availed the statutory remedy of appeal, as provided under Section 106 of the Act, it was incumbent upon the respondent to consider the application for stay and refusal to consider the stay would deprive the legitimate rights of the petitioners provided under Section 106 of the Act, and it would lead to irreparable loss to the petitioners. The respondent No.2 was statutorily bound to consider the application for stay, instead has passed an order appointing Returning Officer to conduct election to the Board of Dire