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WP No. 24006 of 2025 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 22908 OF 2025 (CS-EL/M)
C/W WRIT PETITION NO. 22955 OF 2025 (CS-RES) WRIT PETITION NO. 24006 OF 2025 (CS-RES)
W.P.No.22908/2025:
BETWEEN:
1. BOMMAVARA MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO-OPERATIVE SOCIETY LTD., BOMMAVARA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110.
REPRESENTED BY ITS PRESIDENT, SRI. RAVI T., REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959
2. KUNDANA MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO-OPERATIVE SOCIETY LTD., Digitally DEVANAHALLI TALUK, signed by BENGALURU RURAL DISTRICT-562110.
SUMA REPRESENTED BY ITS PRESIDENT, Location:
HIGH SRI. PAPANNA, COURT OF REGISTERED UNDER KARNATAKA CO-OPERATIVE KARNATAKA SOCIETIES ACT, 1959.
3. ARADESHAHALLI MULTIPURPOSE PRIMARY AGRICULTURAL RURAL CO-OPERATIVE SOCIETY LTD., DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110.
REPRESENTED BY ITS PRESIDENT, SRI. CHETAN KUMAR C, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959.
…PETITIONERS WP No. 24006 of 2025 HC-KAR (BY SRI. JAYAKUMAR S. PAITL, SENIOR ADVOCATE FOR SRI. VARUN JAYAKUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE-560 001 REP BY ITS SECRETARY
2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BANGALORE-560052.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGLAURU-560052.
4. THE DEPUTY COMMISSIONER, BANGALORE URBAN SUB DIVISION, KANDAYA BHAVAN, K.G. ROAD, BENGALURU-560009.
5. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY.
6. THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK NO.2, J.M.C. BANK COMPLEX, PAMPA MAHAKAVI ROAD, CHAMRAJPETE, BENGALURU DISTRICT-560018 REPRESENTED BY ITS CEO.
…RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4;
SR. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.5;
WP No. 24006 of 2025 HC-KAR SRI. PRABHULING NAVADGI, SENIOR ADVOCATE AND SRI. VIVEK SUBBA REDDY, SENIOR ADVOCATE FOR SRI. NATARAJ BABA K., ADVOCATE FOR RESPONDENT NO.6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 BANK TO CONDUCT THE ELECTIONS IN ACCORDANCE WITH THE EXISTING BYE LAWS OF RESPONDENT NO.6 BANK AND ETC.
W.P.NO.22955/2025:
BETWEEN:
1. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, PANATTUR BENGALURU NORTH TALUK, BENGALURU-560103, REPRESENTED BY ITS PRESIDENT, SRI. P.K. SRINIVASA REDDY, S/O M.P. KRISHNA REDDY, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 2. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, KODATHI, BENGALURU NORTH TALUK, BENGALURU-560035 REPRESENTED BY ITS PRESIDENT, SRI. SADASHIVA K.S S/O SHANKARAPPA REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959. 3. PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, VARTHUR, BENGALURU NORTH TALUK, BENGALURU-560087 REPRESENTED BY ITS PRESIDENT SRI. VISHVENKATA REDDY S/O VENKATASWAMY REGISTERED UNDER KARNATAKA WP No. 24006 of 2025 HC-KAR CO-OPERATIVE SOCIETIES ACT, 1959.
…PETITIONERS (BY SRI. JAYAKUMAR S. PAITL, SENIOR ADVOCATE FOR SRI. VARUN JAYAKUMAR PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIKAS SOUDHA, BANGALORE-560 001 REP BY ITS SECRETARY
2. THE REGISTRAR CO-OPERATIVE SOCIETIES NO.1, ALI ASKER ROAD BANGALORE-560052.
3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD, BENGLAURU-560052.
4. THE DEPUTY COMMISSIONER, BANGALORE URBAN SUB DIVISION, KANDAYA BHAVAN, K.G. ROAD, BENGALURU-560009.
5. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K.H.ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS SECRETARY.
6. THE BANGALORE DISTRICT CENTRAL CO-OPERATIVE BANK NO.2, J.M.C. BANK COMPLEX, PAMPA MAHAKAVI ROAD, CHAMRAJPETE, BENGALURU DISTRICT-560018 REPRESENTED BY ITS CEO.
…RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, ADDITIONAL ADVOCATE GENERAL ALONGWITH SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 4;
WP No. 24006 of 2025 HC-KAR SRI. T.L.KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.5;
SRI. PRABHULING NAVADGI, SENIOR COUNSEL AND SRI. VIVEK SUBBA REDDY, SENIOR COUNSEL FOR SRI. NATARAJ BABA K., ADVOCATE FOR RESPONDENT NO.6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 BANK TO CONDUCT THE ELECTIONS IN ACCORDANCE WITH THE EXISTING BYE LAWS OF RESPONDENT O.6 BANK AND ETC.
W.P.NO.24006/2025:
BETWEEN:
1. BARAGERAHALLI VIVIDODHESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY BY ITS DIRECTOR SRI. PATTABHIRAMAIAH M.C.
S/O CHIKKEGOWDA AGED ABOUT 64 YEARS, RESIDING AT MACHANAHALLI, NELAMANGALA TALUK, BENGALURU NORTH DISTRICT - 562123
2. VYAVASAYA SEVA SAHAKARA SANGHA KAMBALU VILLAGE BY ITS PRESIDENT, SRI. PRABHUDEV K., S/O BASAVARAJAIAH, AGED ABOUT 57 YEARS, RESIDENT OF KAMBALU VILLAGE, NELAMANGALA TALUK, BENGALURU NORTH DISTRICT - 562123
3. THYAMAGONDALU VIVIDODHESHA PRIMARY RURAL, AGRICULTURAL COOPERATIVE SOCIETY BY ITS ONE OF THE DIRECTOR, SRI. K.R. GURUPRAKASH S/O RAMESH, AGED ABOUT 55 YEARS R/O KAREHALLI, NELAMANGALA TALUK, BENGALURU NORTH DISTRICT - 562123 WP No. 24006 of 2025 HC-KAR
4. SAMPURNA VIVIDODHESHA RURAL, AGRICULTURAL CO-OPERATIVE SOCIETY BY ITS PRESIDENT, SRI. MOHAN KUMAR, S/O MAYANNA AGED ABOUT 56 YEARS R/O BHARATHIPURA, NELAMANGALA TALUK, BENGALURU NORTH DISTRICT - 562 111 (ALL PETITIONER REGISTERED UNDER KARNATAKA CO-OP. SOCIETY ACT, 1959)
…PETITIONERS (BY SRI. M.R.RAJAGOPAL, SENIOR ADVOCATE FOR SRI. THILAKRAJ S.V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES VIKASA SOUDHA BANGALORE - 560001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BANGALORE-560052.
3. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES NELAMANGALA TALUK, BENGALURU NORTH DISTRICT- 562123
4. THE STATE CO-OPERATIVE ELECTION AUTHORITY BY ITS SECRETARY, 3RD FLOOR, TTMC 'A' BLOCK, K.H. ROAD, SHANTI NAGAR BANGALORE - 560027
5. THE DEPUTY COMMISSIONER AND ELECTION OFFICER, BANGALORE SOUTH DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BANGALORE - 560009.
WP No. 24006 of 2025 HC-KAR
6. THE BANGALORE DISTRICT CO-OPERATIVE BANK BY ITS CHIEF EXECUTIVE OFFICER NO.2, JMC BANK COMPLEX, PAMPA MAHA KAVI ROAD, CHAMARAJPET BANGALORE DISTRICT BANGALORE - 560018.
7. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU DIVISION, BENGALURU OFFICE AT MALLESWARAM BENGALURU - 560003.
…RESPONDENTS (BY SMT. PRATHIMA HONNAPURA, ADDITIONAL ADVOCATE GENERAL ALONG WITH SRI. HARISHA A.S., ….. FOR RESPONDENT NOS.1, 2, 3, 5 AND 7;
SRI. T.L. KIRAN KUMAR, ADVOCATE FOR RESPONDENT NO.4;
SRI. PRABHULING NAVADGI, SENIOR ADVOCATE AND SRI. VIVEK SUBBA REDDY, SENIOR ADVOCATE FOR SRI. NATARAJ BABA K., ADVOCATE FOR RESPONDENT NO.6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROPOSED AMENDMENT NOW IT IS ACCEPTED IN THE GENERAL BODY OF THE 6TH RESPONDENT SOCIETY IN THE GENERAL BODY MEETING DATED 29.07.2025 AS PER ANNEXURE-J IN RELATED TO SUBJECT NO.14(C), IS ILLEGAL AND WITHOUT AN AUTHORITY OF LAW IN VIEW OF THE COMMENCEMENT OF AN ELECTION PROCESS BY DESIGNATING THE RETURNING OFFICER IN TERMS OF THE PROCEEDINGS AT ANNEXURE-E DATED 30.06.2025 IN NO.SA.CHU.PRA./ BEM.PRA/FEDERAL/AAMANCHU/23/2024-25 AND AS WELL THE NOTIFICATION ISSUED BY THE 6TH RESPONDENT ELECTION OFFICER RESPECTIVELY MARKED AS ANNEXURE-C AND D IN THE WRIT PETITION DATED 18.07.2025 AND 02.08.25 AND ETC.
WP No. 24006 of 2025 HC-KAR THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDER ON 11.09.2025 AND COMING ON FOR PRONOUNCEMENT OF ORDER THIS DAY, THE COURT MADE THE FOLLOWING:-
CORAM: HON'BLE MR. JUSTICE R. NATARAJ
CAV ORDER
In WP No.22908/2025, the petitioners have sought for a writ in the nature of mandamus to direct the respondent Nos.4, 5 and 6 to conduct the elections in accordance with the existing bye-laws of the respondent No.6.
2. (i) The petitioners in 24006/2025 have sought for a writ in the nature of certiorari to declare the proposed amendment to the bye-laws of the respondent No.6, which was approved in the general body meeting dated 29.07.2025 as illegal and without the authority of law in view of the commencement of election process by appointment of the returning officer vide proceedings bearing No.Sa.Chu.Pra./Bem.pra/Federal/Aamanchu/23/2024-25 dated 30.06.2025 as well as the notification issued by the respondent No.6 dated 18.07.2025 and 02.08.2025.
(ii) They have also sought for a writ in the nature of prohibition or in the nature of mandamus directing the respondent No.6 to forbear from taking further steps in relation to the amendment of the bye-law on subject No.14(C) in view of the provisions contained under Sections 39-A and 39-AA of the Karnataka Co-operative Societies Act, 1959 (henceforth referred to as 'the Act, 1959' for short). They have also sought for a writ in the nature of mandamus directing the respondent Nos.4 and 5 and the election officer for Bengaluru South District to complete the process of election to constitute the managing committee to the respondent No.6 only on the basis of the existing and prevailing constituencies, more particularly in respect of Nelamangala Taluk.
3. The petitioners in WP No.22955/2025 have sought for a writ in the nature of mandamus to direct the respondent Nos.4, 5 and 6 to conduct elections to the managing committee of the respondent No.6 as per the existing bye-laws.
Facts that are common in WP Nos.22908/2025 and 22955/2025.
4. The petitioners in both the writ petitions contend that the respondent No.6 is a District Level Co-operative Bank and is registered under the Karnataka Co-operative Societies Act, 1959. It is contended that financial assistance provided by the NABARD is routed through the state level apex society to the District Central Co-operative Banks, which in turn distributes the financial assistance to Primary Agricultural Co- operative Societies in the Taluk like the petitioners.
5. The petitioners contend that they are all Primary Agricultural Co-operative Societies registered under the Karnataka Co-operative Societies Act, 1959. The objective of the petitioners is to advance loans and provide other ancillary facilities to the respective members who reside within their respective areas of operation. Both the petitioners are affiliated to the respondent No.6.
6. The petitioners contend that elections to the managing committee of the respondent No.6 is scheduled during December 2025. As per the mandate prescribed under Section 39-A of the Act, 1959, the respondent No.4 appointed a election officer on 30.06.2025 to conduct election to the respondent No.6. The respondent No.6 has issued mandatory notices under Rule 13-D of the Karnataka Co-operative Societies Rules, 1960 (henceforth referred to as 'the Rules, 1960' for short) to the ineligible voters. The petitioners contend that they are all eligible voters and that their delegates are entitled to vote and contest in the upcoming elections to the respondent No.6.
7. Though the elections are scheduled in December, 2025, the respondent No.6 proposed to amend its bye-laws by changing the constituencies to which the petitioners belong. The petitioners in WP No.22908/2025 claim that they belong to Bengaluru North constituency. The amendment to the bye-laws was placed before the Board of Directors of the respondent No.6 on 08.07.2025. The petitioners submitted their objections against the proposed amendment and they expressed their reservation about their societies being shifted to an entirely new constituency though there was no reason for the same. They contend that the petitioners in WP No.22908/2025 have been moved
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