THE HIGH COURT OF KARNATAKA
E.S.INDIRESH
SRI. SATHISH. K. R. – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 21353/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.21353 OF 2025 (CS-RES)
BETWEEN:
SRI. SATHISH K.R.
S/O RAMAIAH, AGED ABOUT 42 YEARS, R/AT KADATHANAMALE VILLAGE, ARAKERE POST, HESARAGATTA HOBLI, BENGALURU NORTH TALUK - 562 136.
PRESENTLY SERVING AS DIRECTOR, KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KADATHANAMALE VILLAGE, BENGALURU NORTH - 562 136.
....PETITIONER (BY SRI. R.S. RAVI, SENIOR ADVOCATE FOR SRI. RAVISHANKAR K., ADVOCATE)
AND:
Digitally signed by CHAYA S A 1. THE STATE OF KARNATAKA Location: HIGH DEPARTMENT OF CO-OPERATION, COURT OF M.S. BUILDING, KARNATAKA DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.
REP. BY ITS PRINCIPAL SECRETARY.
2. THE STATE CO-OPERATIVE ELECTION AUTHORITY
3RD FLOOR, TTMC 'A' BLOCK, K.H. ROAD, SHANTINAGAR, BENGALURU - 560 027.
REP. BY ITS SECRETARY.
3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU URBAN DISTRICT, ALI ASKAR ROAD, BENGALURU - 560 001.
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE-1, BENGALURU URBAN DISTRICT, SAHAKARA SOUDHA, BENGALURU- 560 003.
5. KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED (SOCIETY REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959)
KADATHANAMALE, ARAKERE POST, BENGALURU NORTH TALUK - 562 136 REP. BY ITS SECRETARY 6. SHRI. SATHISH M.
S/O M. MUNIYAPPA AGE : MAJOR R/AT NELLUKUNTE VILLAGE, HESARAGATTA HOBLI, DODDATUMAKURU, RURAL DODDATUMKUR, BENGALURU NORTH - 561 203.
…RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4;
SRI. A. DEVARAJ, ADVOCATE FOR R2;
SRI. M.R. RAJGOPAL, SENIOR ADVOCATE FOR SRI. THILAK RAJ S.V., ADVOCATE FOR R6;
SRI. VINOD C.S., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 11TH JUNE, 2025 ISSUED IN CASE NO.ARB-44/DISQUILIFICATION/29-C/01/2025-26 BY THE RESPONDENT NO.4 VIDE ANNEXURE-L .
THIS WRIT PETITION HAVING BEEN RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT, THIS DAY, E.S. INDIRESH J., MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
CAV ORDER
This petition is filed challenging the Notice dated 11th June, 2025 (Annexure-L) issued by the respondent No.4, calling upon the petitioner to appear for the proceedings initiated under Section 29-C of the Karnataka Co-operative Societies Act, 1959 (for short, hereinafter referred to as 'KCS Act'). 2. The relevant facts for adjudication of this petition are that the petitioner claims to be a Director of the respondent No.5-Soceity. It is stated in the petition that, one of the Directors of the Managing Committee of the respondent No.5- Society had tendered his resignation and thereby, the same has created a casual vacancy in the Managing Committee of the Society. Pursuant to the same, the respondent No.5-Society issued the Election Notification dated 31st January, 2025 (Annexure-A) and Election was conducted on 20th February, 2025. It is further stated that the father of petitioner Ramaiah was a Member of the respondent No.5-Society and on account of his advanced age, the petitioner being a son, membership of the father of the petitioner got transferred to the petitioner. In this regard, the petitioner made representation, seeking transfer on 04th May, 2023, however, the same was approved on 03rd April, 2024 belatedly. It is the case of the petitioner that the petitioner is not a new shareholder or member of the respondent No.5-Society, however, entered as a member on behalf of his father Ramaiah's Membership. It is further stated that the name of the petitioner was excluded in the electoral roll of the Managing Committee of the Society on the ground that the petitioner has not completed the mandatory period of one year and as such, the petitioner, approached this Court in Writ Petition No.3373 of 2025 and this Court, granted an interim order dated 06th February, 2025 (Annexure-D). Thereafter, the writ petition came to be disposed of on 24th February, 202
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