IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 23571 OF 2024 (CS-RES)

BETWEEN:

1. MARCHANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER /SECRETARY MALLURU HOBLI, CHANNAPATNAT ALUK RAMANGARAM DISTRICT 562 108.

REP. BY CEO- DHANANJAYA.

REGD. UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT.

2. THE PRESIDENT MARCHANAHALLI MILK PRODUCERS Digitally CO-OPERATIVE SOCIETY LTD signed by MALURU HOBLI, CHANNAPATNA TALUK GEETHA P G RAMANAGARAM DISTRICT 562 108.

Location:

HIGH REP. BY M.NAGAMMA.

COURT OF …PETITIONERS KARNATAKA (BY SRI. SUBRAMANYA R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S.BUILDING, BANGALORE REPRESENTED BY PRINCIPAL SECRETARY OF GOVERNMENT.

2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGAR SUB-DIVISON NO.4222, MUNICIPAL LAYOUT

3^RD CROSS, RAMANAGAR-562 108.

3. SMT. P.REKHA C/O HANUMANTHA DISMISSED SECRETARY MARCHANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD MALURU HOBLI, CHANNAPATANA TALUK RAMANAGARAM DISTRICT-562 108.

…RESPONDENTS (BY SRI. YOGESH D.NAIK, AGA FOR R1 & R2;

SRI. M.R.RAJAGOPAL SR.COUNSEL FOR SRI. P.ANAND, ADVOCATE FOR R3 (CP NO.14600/24))

THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE FOLLOWING IMPUGNED ORDER VIDE DISPUTE NO.SaNiRa- 46/DAVE-33/2019-20, DATED 07.01.2023 AND JUDGMENT PASSED IN COP.APPEAL NO.70/2023 DATED 12.08.2024 BY THE KAT BANGALORE VIDE ANNEXURES-C AND D CONSEQUENTLY SET-ASIDE THE ABOVE SAID ORDER AND JUDGMENT AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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

ORAL ORDER

The petitioners have filed this writ petition challenging the order passed in Dispute No.SaNiRa-46/Dave/33/2019-20 dated 07.01.2023 by respondent no.2 and the order passed in COP. Appeal No.70/2023 vide judgment dated 12.08.2024 by the learned Karnataka Appellate Tribunal, Bengaluru.

2. Brief facts, leading rise to the filing of this writ petition are as follows:

Respondent no.3 was working in the petitioners' Society and she was kept under suspension by order dated 19.08.2019. Aggrieved by the order of suspension, respondent no.3 raised a dispute under Section 70 of the Karnataka Co-Operative Societies Act, 1959. Respondent no.2 allowed the said dispute raised by respondent no.3 vide order dated 07.01.2023. The petitioners aggrieved by the order passed by respondent no.2 preferred an appeal in COP. Appeal No.70/2023 before the Karnataka Appellate Tribunal, Bangaluru. The Appellate Tribunal dismissed the appeal filed by the petitioners, vide judgment dated 12.08.2024. Hence, this writ petition.

3. Heard Sri. Subramanya R., Learned counsel for the petitioners, Sri.M.R.Rajagopal, learned Senior counsel appearing for Sri. P.Anand, learned counsel for respondent no.3 and learned AGA for respondent nos.1 and 2.

4. Learned counsel for the petitioners submits that during the pendency of the dispute before respondent no.2, the petitioners have terminated respondent no.3 from the service. The said aspect was brought to the notice of respondent no.2, and the Karnataka Appellate Tribunal. The said aspect was not properly considered by respondent no.2, and Karnataka Appellate Tribunal. He submit that respondent no.3 has not challenged the order of termination from service. In view of passing of subsequent order of termination, the proceedings before respondent no.2 become redundant and hence, on these grounds he prays to allow the writ petition.

5. Per contra, learned Senior Counsel appearing for respondent no.3 submits that the petitioners have not served a copy of order of termination from service, and no inquiry was held. Hence, the said order of termination is illegal and behind the back of respondent no.3. Hence, on this ground, he submits that the order