IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA

WRIT PETITION NO. 34130 OF 2025 (CS-RES)

BETWEEN:

BABUREDDY,

S/O B.H. KRISHNAREDDY,

AGED ABOUT 54 YEARS,

R/AT NO.111, AMMANA MANE,

PATEL HANUMANTARAYA STREET,

BAIRATHI, BENGALURU NORTH,

BENGALURU - 560 077.

…PETITIONER

(BY SRI. NARASIMHA RAJESH K.S., ADVOCATE)

AND:

1. THE CHIEF EXECUTIVE OFFICER,

MAHAYOGI VEMANA SOURDHA

PATTINA SAHAKARI SANGHA,

NO. 784, 8^TH CROSS ROAD,

LIONS SEVA BHAVANA ROAD,

Digitally signed YELAHANKA NEW TOWN,

by PRASHANTH

BENGALURU - 560 064.

N V

Location: H igh

Court of

2. THE DEPUTY REGISTRAR OF

Karnataka

CO-OPERATIVE SOCIETIES,

KARNATAKA STATE SOURDHA

SAMYUKTHA SAHAKARI (N),

SOURDHA SAHAKARI SOUDHA,

1^ST FLOOR, BETWEEN 17 AND

18^TH CROSS, MARGOSA ROAD,

MALLESHWARAM,

BENGALURU - 560 055.

3. V. ASHWATHNARAYANA REDDY,

S/O LATE VENKATAIAH, AGED ABOUT 68 YEARS,

NO. 68, 2^ND CROSS, MATHRU LAYOUT, GKVK POST, BENGALURU - 560 065.

…RESPONDENTS (BY SRI. NARAJJI DEEPAK, ADVOCATE FOR R1 SRI. DEVI PRASAD SHETTY, ADVOCATE FOR C/R3 SRI. YOGESH D. NAIK, AGA FOR R2)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ARLY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER DATED 27.10.2025 PASSED BY THE LEARNED KARNATAKA APELLATE TRIBUNAL, BENGALURU, IN CO-OP APPELLATE N835/2025 ON I.A. NO.III MARKED AT ANNEXURE-F. AND ETC., THIS WRIT PETITION, COMING ON FOR HEARING -

INTERLOCUTORY APPLN, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE M G UMA

ORAL ORDER

Petitioner, who was one of the Directors of respondent No.1- Society has approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 27.10.2025 passed by the Karnataka Appellate Tribunal (for short 'the KAT') on IA No.III produced as per Annexure - F.

2. Heard Sri. Narasimha Rajesh K.S., learned counsel for the petitioner, Sri. Naraji Deepak, learned counsel for respondent No.1, Sri. Devi Prasad Shetty, learned counsel for caveator/respondent No.3 and Sri. Yogesh D Naik, learned Additional Government Advocate for respondent No.2. Perused the materials on record.

3. The admitted facts of the case are that, the petitioner, who was Director of respondent No.1 tendered resignation on 27.06.2022. He was called upon to attend the meeting on 23.08.2022. On the said date the resignation tendered by the petitioner was accepted. Admittedly, the petitioner had not withdrawn his resignation till 23.08.2022. However, the petitioner has raised dispute under Section 70 of the Karnataka Cooperative Societies Act (for short 'the KCS Act'). The said dispute was rejected, upon which, the appeal was preferred before KAT.

4. It is stated that on 21.02.2025, the KAT has passed the order staying the operation and further proceedings on the decision made on Issue No.12 on 23.08.2022 by respondent No.1 till the next date of hearing. It is the contention of the contesting respondent No.1 that on 19.02.2025 itself respondent No.3 was co-opted in the place of the petitioner, whose resignation was accepted. Under such circumstances, respondent No.3 continued to hold the office of Director.

5. Petitioner filed IA No.III before KAT seeking to stay the operation and implementation of Resolution No.3 dated 19.02.2025 passed by respondent No.1 - Society. The said application came to be dismissed vide order dated 27.10.2025 produced as per Annexure - F. The same is impugned by the petitioner in this petition.

6. The admitted facts stated above disclose that respondent No.3 was co-opted by respondent No.1 as one of the Directors as per Resolution dated 19.02.2025. It is thereafter, the interim order as per Annexure - C came to be passed by KAT, staying the operation and further action on the decision made in Issue No.12 on 23.08.2022 by respondent No.1. By that time, respondent No.3 was already co-opted as there was no interim order of stay. Under such circumstances, I do not fi