THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED ON 30.01.2026 IN NO. DRB-1/SAM. SAM /DU.A/91/2025-26 BY THE R2 IS HEREWITH PRODUCED AS ANNX-H AND ETC.,

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

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a. To issue writ in the nature of certiorari quashing the order passed on 30/01/2026 in No. DRB-1/SAM.SAM/DU.A/91/2025-26 by the respondent no.2 is herewith produced as Annexure H.

b. Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity."

2. The petitioner-Society claims that it is registered under the Karnataka Societies Registration Act, 1960 (hereinafter referred to as “KSR Act, 1960”) and is represented by its Secretary.

3. It is contended that elections to the Managing Committee was held on 26.02.2022 when 11 Directors were elected for a term of five years. Though the tenure of the Managing Committee is five years, the tenure of the office-bearers, namely the President, Secretary and Treasurer, in terms of Rule 20(d), is only two years from the date of their election. Consequently, their term of office came to an end on 25.02.2024.

4. Notwithstanding the expiry of her tenure, respondent No.3 continued to function as the President. It is in that background that a meeting of the Managing Committee was convened on 08.11.2025, wherein respondent No.3 was removed from the office of President, and another member was elected in her place. The petitioner informed the Deputy Registrar of Co-operative Societies about the proceedings of the meeting held on 08.11.2025.

5. Alleging that respondent No.3, along with her supporters, was seeking to convene a further meeting and continue to function as President and/or manage the affairs of the Society. Respondent No.3 submitted a complaint dated 10.11.2025 before the Deputy Registrar making certain allegations. Subsequently, respondent No.3 and her supporters sought to convene a meeting. It is in that background that the petitioner instituted O.S.No.8957/2025 seeking, inter alia, an injunction restraining the holding of the Special General Body Meeting scheduled for 21.12.2025, as also an injunction restraining the removal of members of the Committee and the implementation of any resolution that might be passed at the said meeting.

6. Despite the institution of the suit, respondent No.3 and her supporters proceeded to hold the meeting, according to the petitioner, and thereafter forwarded the minutes of the said meeting to the Deputy Registrar.

7. It is stated that, in the said meeting, an Ad hoc Committee was constituted. The said Committee sought permission to conduct elections to the Society. By the impugned order, the Deputy Registrar accepted the constitution of the Ad hoc Committee and further directed that elections be conducted. It is this order that is under challenge in the present proceedings.

8. A Coordinate Bench of this Court, by order dated 11.02.2026, while noticing that a civil suit concerning the subject matter was pending, prima facie observed that the Deputy Registrar could not have assumed jurisdiction under Section 25 of the Karnataka Societies Registration Act, 1960, when the Civil Court was already seized of the dispute. Accordingly, the Coordinate Bench stayed the operation of the impugned order. Pursuant to the issuance of notice, the respondents have entered appearance.

9. The submission of Sri.Deviprasad Shetty, learned Senior counsel for the petitioner, remains the same as earlier and submits that;

9.1. Learned counsel for the petitioner submits that the elections to the Managing Committee were held on 26.02.2022 and the Committee so elected continues to hold office for a period of five years. However, insofar as the office bearers of the Society are