Sri. a. Gadigeppa Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri. a. Gadigeppa Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the writ petition survives for adjudication or has been rendered infructuous/maintainability question in view of the expiry of the Directors' 5-year term, the fresh election held on 04.05.2025 in which petitioner Nos.1 and 2 were re-elected, and the expiry of the 3-year disqualification period. +1 more

Court's answer

The writ petition is dismissed as having rendered infructuous, the Court placing on record the submissions of the contesting respondents that the term of office had ended, a fresh election was held on 04.05.2025 in which petitioner Nos.1 and 2 were re-elected, and the 3-year period of disqualification had already expired.

Key takeaways

The Court found no justification for the apprehension of petitioner Nos.1 and 2 that the respondents may use the disqualification order as a ground to challenge their re-election, recording that the disqualification will not come in the way of petitioner Nos.1 and 2 as successful candidates in the election held on 04.05.2025, discharging their duties as Directors.obiter¶60

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA (Bengaluru) - M G Uma, J. (NC: 2025:KHC:49916) - W.P. No.16592 of 2022 (CS-RES), decided 01.12.2025 - Writ petition under Articles 226 and 227 of the Constitution by seven former President/Directors of Dodderahalli Milk Producers Co-operative Society Ltd. seeking to quash the Deputy Registrar's order dated 30.06.2022 confirming the Assistant Registrar's disqualification order dated 22.07.2021 in No.SANI31/DAVA/29C(A)(C)/CR-02/2021-22 - Held: petition dismissed as infructuous. The petitioners' 5-year term (appointed 2021) had expired; a fresh election held on 04.05.2025 resulted in the re-election of petitioner Nos.1 and 2 (who had participated pursuant to the interim order dated 13.09.2022); and the 3-year disqualification period had already lapsed. The Court recorded the contesting respondents' submissions that the disqualification would not come in the way of the re-elected Directors and found no justification for the petitioners' apprehension that it would be used to challenge the re-election. No costs awarded.

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NC: 2025:KHC:49916 WP No. 16592 of 2022

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1^ST DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA

WRIT PETITION NO. 16592 OF 2022 (CS-RES)

BETWEEN:

SRI. A. GADIGEPPA S/O SRI RAMESHAPPA AGED ABOUT 39 YEARS AGRICULTURIST, FORMER PRESIDENT, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217

SRI C MAHDU S/O SRI NAGENDRAPPA AGED ABOUT 37 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217

Digitally signed by PRASHANTH N V Location: High Court of Karnataka

SRI S SHIVANANDAPPA S/O SRI MALLAPPA AGED ABOUT 46 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217

SRI B PARAMESHWARAPPA S/O SRI SIDDALINGAPPA AGED ABOUT 65 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED

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NC: 2025:KHC:49916 WP No. 16592 of 2022

HC-KAR

DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217

SENIOR CITIZEN BENEFIT NOT CLAIMED

SRI H RUDRAGOWDA S/O SRI MALLAPPA AGED ABOUT 55 YEARS FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, DODDEREHALLI, HONNALLI TALUK, DAVANAGERE DISTRICT-577217

SMT C P GOWRAMMA W/O SRI C PARAMESHWARAPPA AGED ABOUT 50 YEARS

FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217

SRI B CHANNAVEERACHARI S/O SRI THIMMACHARI AGED ABOUT 55 YEARS FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217

…PETITIONERS

(BY SRI. S V PRAKASH, ADVOCATE)

AND:

STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M S BUILDING BENGALURU-560001 BY ITS PRINCIPAL SECRETARY

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGRE SUB DIVISION OPP ANJANEYA TEMPLE VIDYANAGARA, DAVANGERE-577005

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HC-KAR

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGRE SUB DIVISION OPP ANJANEYA TEMPLE VIDYANAGARA, DAVANGERE-577005

THE DODDERAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT REPRESENTED BY ITS IN CHARGE SECRETARY, DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217

SRI C C SHEKHARAPPA S/O SRI BASAPPA AGED ABOUT 56 YEARS AGRICULTURIST, FORMER VICE PRESIDENT, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217

SRI S VIRUPAKSHAPPA S/O SRI PARAMESHWARAPPA AGED ABOUT 55 YEARS, AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, DODDEREHALLI HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217

SRI M THIMMANAGOWDA S/O SRI MAHADEVAPPA AGED ABOUT 46 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, DODDEREHALLI HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217

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HC-KAR

SMT HANUMAMMA W/O SRI SIDDAPPA AGED ABOUT 65 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, DODDEREHALLI, HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217

9. SMT MANJAMMA

W/O SRI BASAPPA AGED ABOUT 45 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, DODDEREHALLI, HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217

…RESPONDENTS

(BY SMT. CHANDINI .S., HCGP FOR R1-3 R4 & 7 - SD/-

SRI. T. DADAKHALANDAR, ADVOCATE FOR R5 & 6, R8 & R9)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DTD 30.06.2022 PASSED BY THE R2 IN CASE PRODUCED AS ANNEXURE-C CONFIRMING THE ORDER DTD 22.07.2021 PASSED BY THE R3 IN NO.SANI31/DAVA/29C(A)(C)/CR-02/2021-22 PRODUCED AS ANNEXURE-B TO THE WRIT PETITION AND AWARD THE COST OF THIS PROCEEDINGS AND ETC.,

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

CORAM: HON'BLE MRS. JUSTICE M G UMA

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NC: 2025:KHC:49916 WP No. 16592 of 2022

HC-KAR

ORAL ORDER

Learned counsel for respondent Nos.5, 6, 8 and 9 submits

that petitioner Nos.1 to 7 were appointed as Directors during 2021, and their term of office of 5 years is already over. Fresh Election was held on 04.05.2025. Petitioner Nos.1 and 2 contested the said election and they were re-elected. Therefore, they are the Directors of the Society.

Learned counsel for respondent Nos.5, 6, 8 and 9

further submits that the order of disqualification of the petitioners is for a period of 3 years only. During that period of disqualification, they were barred from participating in any elections. However, in view of the interim order passed by this Court vide order dated 13.09.2022, petitioner Nos.1 and 2 have participated in the Election and they were re-elected. Even the period of disqualification of 3 years is already over and that will not come in way of petitioner Nos.1 and 2 holding office of Directorship, as they are successful in the election that was held on 04.05.2025. Therefore, he submits that the petition is not maintainable.

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NC: 2025:KHC:49916 WP No. 16592 of 2022

HC-KAR

Learned High Court Government Pleader also

supports the contention raised by the contesting respondent Nos.5, 6, 8 and 9 and pray for dismissal of the petition.

Learned counsel for the petitioners submits that the only apprehension for petitioner Nos.1 and 2 is that even though they are re-elected in the election that was held on 04.05.2025, respondents may make the order of disqualification as a ground to challenge their re-election.

When the learned counsel for the contesting respondents as well as the learned High Court Government Pleader for respondent Nos.1 to 3 submit that the order of disqualification will not come in the way of petitioner Nos.1 and 2 as successful candidates in the election that was held on 04.05.2025, discharging their duties as Directors, I do not find any justification for the apprehension expressed by the learned counsel for the petitioners.

Placing submissions made by the contesting respondents on record, I proceed to pass the following:

NC: 2025:KHC:49916 WP No. 16592 of 2022

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HC-KAR

ORDER

The writ petition is dismissed as having rendered

infructuous.

Sd/(M G UMA) JUDGE

BH

CT:VS

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