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WP No. 20346 of 2025 HC-KAR AND 2 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 20508 OF 2025 (CS-RES)
C/W WRIT PETITION NO. 20135 OF 2025 (CS-RES) WRIT PETITION NO. 20346 OF 2025 (CS-RES) WRIT PETITION NO. 20441 OF 2025 (CS-RES) WRIT PETITION NO. 20517 OF 2025 (CS-RES)
IN WP No. 20508/2025 BETWEEN:
MR. APPALAL CHAKOLI S/O MR. J.A. CHAKOLI, AGED ABOUT 64 YEARS, R/AT NO 107, 4TH CROSS, JAGAJYOTHI LAYOUT, KENCHAPURA CROSS, BANGALORE-560056.
…PETITIONER (BY SRI. B. KESHAVA MURTHY, ADVOCATE)
Digitally signed by AND: SUMA Location:
HIGH 1. THE STATE OF KARNATAKA COURT OF REP. BY ITS SECRETARY KARNATAKA DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
12. THE DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441) SOUHARDA DISPUTES PANCHAYATHI COURT KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., "SOUHARDA SAHAKARA SOUDHA", NO.68, 1ST FLOOR, WP No. 20346 of 2025 HC-KAR AND 2 OTHERS
217TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560055.
33. MRS. KARKALA AMITHA NAYAK W/O MR. ANANTH KRISHNA PAI, AGED ABOUT 33 YEARS R/AT NO.16, POORNIMA HOUSE, 9TH A CROSS, OFF KEB MAIN ROAD, NEAR GOPI ICECREAM BHUVANESHWARI NAGAR, ITTAMADU, BANASHANKARI 3RD STAGE, BANGALORE-560085.
44. M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.18/19, 1ST FLOOR, MUNISWAMY BUILDING, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE-560061 NOW REP BY ITS COMPETENT AUTHORITY, JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE ELECTION AUTHORITY TTMC BUILDING, K.H. ROAD, SHANTHINAGAR BANGALORE-560027
55. MR. V.R. RAJESH S/O NOT KNOWN TO PETITIONER AGED ABOUT 50 YEARS C.E.O M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
66. MRS. B.S. NAGAVALLI W/O MR. V. RAJESH AGED ABOUT 48 YEARS PRESIDENT M/S SIRIVAIBHAVA SOUDHARDA PATHINA WP No. 20346 of 2025 HC-KAR AND 2 OTHERS SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
77. MR. NANJESH BABU S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 47 YEARS BRANCH MANAGER OF M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.317, 7TH MAIN, NEAR RAJESH HOTEL, VAYALIKAVAL, BANGALORE-560003
88. THE COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027.
AS PER THE ORDER DATED 12.09.2025 AMENDMENT CARRIED OUT.
…RESPONDENTS (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2;
SRI. VEERESH BUDIHAL, ADVOCATE FOR RESPONDENT NOS.4 AND
8;
SRI. M.K.KEMPEGOWDA, ADVOCATE FOR RESPONDENT NOS.6 AND
7;
SRI. B.R.VISWANATH, ADVOCATE FOR RESPONDENT NO.3;
VIDE ORDER DATED 04.09.2025, SERVICE OF NOTICE TO RESPONDENT NO.5 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./1601/2022-23, PENDING ON THE FILE OF RESPONDENT NO.2, DY. REGISTRAR OF WP No. 20346 of 2025 HC-KAR AND 2 OTHERS CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE SOCIETIES LTD., BANGALORE AND QUASH THE ORDER DATED 31.01.2025 PASSED BY THE RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO- OPERATIVE SOCIETIES LTD., BANGALORE IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./1601/2022-23, WHICH IS PRODUCED AT ANNEXURE A ALLOW THIS PETITION.
IN WP NO. 20135/2025 BETWEEN:
MR. APPALAL CHAKOLI S/O MR. J.A. CHAKOLI, AGED ABOUT 64 YEARS, R/AT NO 107, 4TH CROSS, JAGAJYOTHI LAYOUT, KENCHAPURA CROSS, BANGALORE-560056.
...PETITIONER (BY SRI. B. KESHAVA MURTHY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441) SOUHARDA DISPUTES PANCHAYATHI COURT KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., "SOUHARDA SAHAKARA SOUDHA", NO.68, 1ST FLOOR, 17TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, WP No. 20346 of 2025 HC-KAR AND 2 OTHERS BANGALORE-560055.
3. MR. A.SUDHAKAR REDDY S/O OBUL REDDY, AGED ABOUT 60 YEARS, R/AT NO.292, FM KARIYAPPA ROAD, BHEL LAYOUT, PATTANAGERE RAJARAJESHWARI NAGAR, BANGALORE-560 098.
4. M/S. SIRIVAIBHAVA SOUHARDA PATHINA SAHAKARI NIYAMITHA (REGD.)
NO.18/19, 1ST FLOOR, MUNISWAMY BUILDING, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE-560 061.
NOW REP. BY ITS COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027.
(REGISTERED UNDER KARNATAKA COOPERATIVE SOCIETY ACT, 1959)
5. MR. V.R. RAJESH S/O NOT KNOWN TO PETITIONER AGED ABOUT 50 YEARS C.E.O M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
6. MRS. B.S. NAGAVALLI W/O MR. V. RAJESH AGED ABOUT 48 YEARS PRESIDENT M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, WP No. 20346 of 2025 HC-KAR AND 2 OTHERS
10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
7. MR. NANJESH BABU S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 47 YEARS BRANCH MANAGER OF M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.317, 7TH MAIN, NEAR RAJESH HOTEL, VAYALIKAVAL, BANGALORE-560003
8. THE COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027.
AS PER THE ORDER DATED 12.09.2025 AMENDMENT CARRIED OUT.
...RESPONDENTS (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2;
SRI. VEERESH BUDIHAL, ADVOCATE FOR RESPONDENT NOS.4 AND
8;
SRI. M.K.KEMPEGOWDA, ADVOCATE FOR RESPONDENT NOS.6 AND
7;
SRI. B.R.VISWANATH, ADVOCATE FOR RESPONDENT NO.3;
VIDE ORDER DATED 04.09.2025, SERVICE OF NOTICE TO RESPONDENT NO.5 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./17/2022-23, PENDING ON THE FILE OF RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE SOCIETIES LTD., BANGALORE WP No. 20346 of 2025 HC-KAR AND 2 OTHERS AND QUASH THE ORDER DATED 31.01.2025 PASSED BY THE RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO- OPERATIVE SOCIETIES LTD., BANGALORE IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./17/2022-23, WHICH IS PRODUCED AT ANNEXURE A ALLOW THIS PETITION.
IN WP NO. 20346/2025 BETWEEN:
MR. APPALAL CHAKOLI S/O MR. J.A. CHAKOLI, AGED ABOUT 64 YEARS, R/AT NO 107, 4TH CROSS, JAGAJYOTHI LAYOUT, KENCHAPURA CROSS, BANGALORE-560056.
...PETITIONER (BY SRI. B. KESHAVA MURTHY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441) SOUHARDA DISPUTES PANCHAYATHI COURT KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., "SOUHARDA SAHAKARA SOUDHA", NO.68, 1ST FLOOR, 17TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560055.
3. SHRI M.G. NAGARASIMHAMURTHY S/O MR. MAGADI, AGED ABOUT 85 YEARS, WP No. 20346 of 2025 HC-KAR AND 2 OTHERS R/AT NO.938, 5TH CROSS, 5TH STAGE, BHEL LAYOUT, II STAGE, 2ND PHASE, NEAR FIELD MARSHAL CARIAPPA PARK, BEML LAYOUT, BANGALORE-560098
4. M/S. SIRIVAIBHAVA SOUHARDA PATHINA SAHAKARI NIYAMITHA (REGD.)
NO.18/19, 1ST FLOOR, MUNISWAMY BUILDING, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE-560 061.
NOW REP. BY ITS COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027.
(REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959)
5. MR. V.R. RAJESH S/O NOT KNOWN TO PETITIONER AGED ABOUT 50 YEARS C.E.O M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
6. MRS. B.S. NAGAVALLI W/O MR. V. RAJESH AGED ABOUT 48 YEARS PRESIDENT M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
7. MR. NANJESH BABU WP No. 20346 of 2025 HC-KAR AND 2 OTHERS S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 47 YEARS BRANCH MANAGER OF M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.317, 7TH MAIN, NEAR RAJESH HOTEL, VAYALIKAVAL, BANGALORE-560003
8. THE COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027.
AMENDMENT CARRIED OUT AS PER THE ORDER DATED 12.09.2025 OF HON'BLE COURT ...RESPONDENTS (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2;
SRI. VEERESH BUDIHAL, ADVOCATE FOR RESPONDENT NOS.4 AND
8;
SRI. M.K.KEMPEGOWDA, ADVOCATE FOR RESPONDENT NOS.6 AND
7;
NOTICE SERVED ON RESPONDENT NO.3;
VIDE ORDER DATED 04.09.2025, SERVICE OF NOTICE TO RESPONDENT NO.5 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./1895/2022-23, PENDING ON THE FILE OF RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE SOCIETIES LTD., BANGALORE AND QUASH THE ORDER DATED 27.12.2024 PASSED BY THE RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES WP No. 20346 of 2025 HC-KAR AND 2 OTHERS (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO- OPERATIVE SOCIETIES LTD., BANGALORE IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./1895/2022-23, WHICH IS PRODUCED AT ANNEXURE A ALLOW THIS PETITION.
IN WP NO. 20441/2025 BETWEEN:
MR. APPALAL CHAKOLI S/O MR. J.A. CHAKOLI, AGED ABOUT 64 YEARS, R/AT NO 107, 4TH CROSS, JAGAJYOTHI LAYOUT, KENCHAPURA CROSS, BANGALORE-560056.
...PETITIONER (BY SRI. B. KESHAVA MURTHY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441) SOUHARDA DISPUTES PANCHAYATHI COURT KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., "SOUHARDA SAHAKARA SOUDHA", NO.68, 1ST FLOOR, 17TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560055.
3. MR. VARUNI PV YADUNANDAN, S/O NOT KNOWN TO PETITIONER, AGED ABOUT 44 YEARS, R/AT NO.32, DR.VISHNUVARDHAN ROAD, SWEET HOMES LAYOUT, SRINIVASPURA, WP No. 20346 of 2025 HC-KAR AND 2 OTHERS KENGERI, BANGALORE SOUTH, BANGALORE-560 098.
4. M/S. SIRIVAIBHAVA SOUHARDA PATHINA SAHAKARI NIYAMITHA (REGD.)
NO.18/19, 1ST FLOOR, MUNISWAMY BUILDING, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE-560 061.
NOW REP. BY ITS COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027.
(REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959)
5. MR. V.R. RAJESH S/O NOT KNOWN TO PETITIONER AGED ABOUT 50 YEARS C.E.O M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
6. MRS. B.S. NAGAVALLI W/O MR. V. RAJESH AGED ABOUT 48 YEARS PRESIDENT M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
7. MR. NANJESH BABU S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 47 YEARS BRANCH MANAGER OF WP No. 20346 of 2025 HC-KAR AND 2 OTHERS M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.317, 7TH MAIN, NEAR RAJESH HOTEL, VAYALIKAVAL, BANGALORE-560003
8. THE COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027.
AS PER THE ORDER DATED 12.09.2025 AMENDMENT CARRIED OUT ...RESPONDENTS (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2;
SRI. VEERESH BUDIHAL, ADVOCATE FOR RESPONDENT NOS.4 AND
8;
SRI. M.K.KEMPEGOWDA, ADVOCATE FOR RESPONDENT NOS.6 AND
7;
NOTICE SERVED ON RESPONDENT NO.3;
VIDE ORDER DATED 04.09.2025, SERVICE OF NOTICE TO RESPONDENT NO.5 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./1600/2022-23, PENDING ON THE FILE OF RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE SOCIETIES LTD., BANGALORE AND QUASH THE ORDER DATED 31.01.2025 PASSED BY THE RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO- OPERATIVE SOCIETIES LTD., BANGALORE IN DISPUTE WP No. 20346 of 2025 HC-KAR AND 2 OTHERS NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./1600/2022-23, WHICH IS PRODUCED AT ANNEXURE A ALLOW THIS PETITION.
IN WP NO. 20517/2025 BETWEEN:
MR. APPALAL CHAKOLI S/O MR. J.A. CHAKOLI, AGED ABOUT 64 YEARS, R/AT NO 107, 4TH CROSS, JAGAJYOTHI LAYOUT, KENCHAPURA CROSS, BANGALORE-560056.
...PETITIONER (BY SRI. B. KESHAVA MURTHY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF CO-OPERATIVE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441) SOUHARDA DISPUTES PANCHAYATHI COURT KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE LTD., "SOUHARDA SAHAKARA SOUDHA", NO.68, 1ST FLOOR, 17TH AND 18TH CROSS, MARGOSA ROAD, MALLESHWARAM, BANGALORE-560055.
3. MR. NIJALINGAPPA.L.DINNI, S/O LAKSHMAN AGED ABOUT 35 YEARS R/AT NO.92, CHANDRAGIRI NILAYA, INDIRAGANDHI NILAYA, INIDIRA GANDHI ROAD, NEAR BIG WATER TANK, BHEL LAYOUT NORTH, PATTANAGERE, WP No. 20346 of 2025 HC-KAR AND 2 OTHERS RAJARAJESHWARI NAGAR BANGALORE 560098
4. M/S. SIRIVAIBHAVA SOUHARDA PATHINA SAHAKARI NIYAMITHA (REGD.)
NO.18/19, 1ST FLOOR, MUNISWAMY BUILDING, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA, BANGALORE-560 061. NOW REP. BY ITS COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560 027.
(REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959)
5. MR. V.R. RAJESH S/O NOT KNOWN TO PETITIONER AGED ABOUT 50 YEARS C.E.O M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
6. MRS. B.S. NAGAVALLI W/O MR. V. RAJESH AGED ABOUT 48 YEARS PRESIDENT M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.397, SRI LAKSHMIVENKATESHWARA NILAYA, 10TH CROSS, CHANDRASHEKAR NILAYA, R.R. NAGAR, BANGALORE-560098
7. MR. NANJESH BABU S/O NOT KNOWN TO THE PETITIONER AGED ABOUT 47 YEARS BRANCH MANAGER OF M/S SIRIVAIBHAVA SOUDHARDA PATHINA SAHAKARI NIYAMITHA (REGD)
NO.317, 7TH MAIN, NEAR RAJESH HOTEL, VAYALIKAVAL, BANGALORE-560003 WP No. 20346 of 2025 HC-KAR AND 2 OTHERS
8. THE COMPETENT AUTHORITY JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE ELECTION AUTHORITY, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BANGALORE-560027.
AS PER THE ORDER DATED 12.09.2025 AMENDMENT CARRIED OUT ...RESPONDENTS (BY SRI. HARISHA A.S., ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2;
SRI. VEERESH BUDIHAL, ADVOCATE FOR RESPONDENT NOS.4 AND
8;
SRI. M.K.KEMPEGOWDA, ADVOCATE FOR RESPONDENT NOS.6 AND
7;
SRI. B.R.VISHWANATH, ADVOCATE FOR RESPONDENT NO.3;
VIDE ORDER DATED 04.09.2025, SERVICE OF NOTICE TO RESPONDENT NO.5 IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./1596/2022-23, PENDING ON THE FILE OF RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO-OPERATIVE SOCIETIES LTD., BANGALORE AND QUASH THE ORDER DATED 31.01.2025 PASSED BY THE RESPONDENT NO.2, DY. REGISTRAR OF CO-OPERATIVE SOCIETIES (RULE 441), KARNATAKA STATE SOUHARDA FEDERAL CO- OPERATIVE SOCIETIES LTD., BANGALORE IN DISPUTE NO.eÉ.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤./1596/2022-23, WHICH IS PRODUCED AT ANNEXURE A ALLOW THIS PETITION.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
WP No. 20346 of 2025 HC-KAR AND 2 OTHERS CORAM: HON'BLE MR. JUSTICE R. NATARAJ
ORAL ORDER
The petitioner in WP No.20508/2025 has challenged an order bearing No.f.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤/1601/2022-23 dated 31.01.2025 passed by the respondent No.2, by which a memo filed by him for rejection of the dispute, was rejected.
2. The petitioner in WP No.20135/2025 has challenged an order bearing No.f.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤/17/2022-23 dated 31.01.2025 passed by the respondent No.2, by which a memo filed by him for rejection of the dispute, was rejected.
3. The petitioner in WP No.20346/2025 has challenged an order bearing No.f.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤/1895/2022-23 dated 27.12.2024 passed by the respondent No.2, by which a memo filed by him for rejection of the dispute, was rejected.
4. The petitioner in WP No.20441/2025 has challenged an order bearing No.f.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤/1600/2022-23 dated 31.01.2025 passed by the respondent No.2, by which a memo dated 03.02.2024 filed by him for rejection of the dispute, was rejected.
5. The petitioner in WP No.20517/2025 has challenged an order bearing No.f.Dgï.r./PÀ.gÁ.¸Ë.¸ÀA.¸À.¤/1596/2022-23 dated 31.01.2025 passed by the respondent No.2, by which a memo filed by him for rejection of the dispute, was rejected.
6. The respondent No.4 is a society registered under the provisions of the Karnataka Souharda Sahakari Act, 1997(henceforth referred to as ‘the Act, 1997’ for short).The respondent No.5 is the Chief Executive Officer, the respondent No.6 is the President, and the respondent No.7 is the Branch Manager. The respondent No.3 being a member of the respondent No.4 had deposited certain sums of money in the form of a fixed deposit with the respondent No.4. The respondent No.3 in all these petitions filed separate disputes before the respondent No.2 under Section 39 of the Act, 1997, for refund of the unpaid fixed deposit amount and accrued interest. The petitioner was the Vice-president of the respondent No.4.
7. The petitioner contends that the State Government vide notification dated 15.09.2023, by invoking Section 5(1) of the Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004 (henceforth referred to as ‘the KPIDFE Act, 2004’ for short), appointed the Joint Registrar of Co- operative Societies as the competent authority under the KPIDFE Act, 2004.
8. After receipt of a notice from the respondent No.2, concerning the disputes raised by respondent No.3 under Section 39 of the Act, 1997, the petitioner and other office bearers appeared and filed an application under Section 8(2) of the Banning of Unregulated Deposits and Schemes Act, 2019, for rejection of the petition on the ground that the respondent No.2 lacks jurisdiction. This application was contested by the respondent No.3. Later, the petitioner filed a memo dated 03.02.2024 along with the notification dated 15.09.2023 referred supra and requested the respondent No.2 to reject the disputes.
9. The respondent No.3 filed objections to the memo. The respondent No.2 in terms of the impugned order dismissed the memo as well as the application filed by the petitioner and proceeded for further adjudication of the claim made by the respondent No.3. The petitioner is therefore before this Court, challenging the order passed by the respondent No.2.
10. The petitioner contends that Section 10 of the KPIDFE Act, 2004, prohibits the exercise of jurisdiction by any authority other than the Special Court. Therefore, it is contended that the respondent No.2 has no jurisdiction to proceed with the adjudication of the dispute before him.
11. It is also contended that in view of the appointment of the competent authority all the assets of the respondent No.4 are taken over and the depositors are called upon to make claims. Thus, he contends that the respondent No.3 is bound to make a claim before the competent authority. Nonetheless, he contends that the respondent No.2 is proceeding in the matter. He also contends that the provisions of the KPIDFE Act, 2004 has an overriding effect over all other act
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