IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 5339 OF 2020 (CS-RES)

BETWEEN:

1. UTHANURU VYVASAYA SEVA SAHAKARA SANGHA NIYAMITHA UTHANURU, DUGGASANDRA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563131 REPRESENTED BY ITS PRESIDENT, R MANJUNATH, AGED ABOUT 50 YEARS, 2. V CHOWDAPPA S/O VENKATESHAPPA, Digitally AGED ABOUT 46 YEARS, signed by GUJJANAHALLI VILLAGE, SUNITHA K S DUGGASANDRA HOBLI, Location: MULBAGAL TALUK, HIGH COURT KOLAR DISTRICT-563131 OF KARNATAKA

3. G C RAMAPPA S/O CHIKKAPPAIAH, AGED ABOUT 43 YEARS, GUJJANAHALLI VILLAGE, DUGGASANDRA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563131 …PETITIONERS (BY SRI. JAYAKUMAR S PATIL, SR. ADVOCATE FOR SRI. SOMASEKHARA K H., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA, DR AMBEDKAR ROAD, BANGALORE-1

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, ALIASKAR ROAD, BANGALORE-52

3. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES KOLAR SUB-DIVISION, KOLAR-563101 …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA )

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE PROVISIONS OF SUB-SECTION (5) AND (6) OF SECTION 12 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 AS INTRODUCED BY ACT OF 35/2014 AND AN AMENDED BY ACT 19/2016 IS ILLEGAL AND ULTRAVIRES OF THENPROVISIONS OF THE KARNATAKA CO- OPERATIVE SOCIETIES ACT, 1959 ACT. QUASH THE IMPUGNED ORDER DATED 19.02.2020 VIDE ANENXRUE-A ISSUED BY R-3. DIRECT THE REGISTRAR OF CO-OPERATIVE SOCIETIES TO BRING IT TO THE NOTICE OF THE CHIEF SECRETARY OF THE GOVERNMENT OF KARNATAKA ABOUT THE MISCONDUCT COMMITTED BY THE R-3 AND REQUEST HIM TO TAKE DISCIPLINARY ACTION AGAINST THE R-3 UNDER THE PROVISION OF THE KARNATAKA CIVIL SERVICE (CLASSIFICATION CONTROL AND APPEAL) RULES, 1957. DIRECT THE R-3 TO CONSIDER THE REPRESENTATION GIVEN BY THE MEMBERS OF THE PETITIONER SOCIETY ON 24.2.2020 REQUESTING TO RECALL THE IMPUGNED ORDER AND PERMIT THEM TO CONTINUE AS MEMBERS FOR THE PETITIONER SOCIETY, VIDE ANNEXURE-E.

THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI

ORAL ORDER

1. The petitioners filed this writ petition seeking the following reliefs:

i) Declare that the provisions of sub-section (5) and (6) of section 12 of the Karnataka Co-operative Societies Act 1959 as introduced by Act of 35/2014 and as amended by Act 19/2016 is illegal and ultravires of the provisions of the Karnataka Co-

Operative Societies Act, 1959 Act;

ii) Issue a writ of certiorari or similar writ or order direction to quash the impugned order dated: 19.02.2020 made in No.AR 49/BYTHI/12(6) /CR- 01/2019-2020 vide Annexure-A issued by Respondent No.3;

iii) Direct the Registrar of Co-operative Societies to bring it to the notice of the Chief Secretary of the Government of Karnataka about the misconduct committed by the third respondent and request him to take disciplinary action against the third respondent under the provision of the Karnataka Civil Service (Classification Control and Appeal)

Rules, 1957;

iv)Issue an order, direction or writ in the nature of Mandamus directing the 3rd respondent to consider the representation given by the members of the petitioner society on 24-2-2020 requesting to recall the impugned order and permit them to continue as members for the petitioner society, vide Annexure-

"E" and v) Issue any other appropriate writ or order or direction to the respondents deemed fit including payment of cost in the circumstances of the case, in the, interest of justice and equity.

2. Learned senior counsel Sri. Jayakumar S Patil, appearing for the petitioners submits that the petitioners will not press the relief sought at prayer -1.

3. Learned senior counsel for the petitioners submits that the issue involved in this case is squarely covered by an order passed by the Co-ordinate Bench of this