Karnataka Telecom Department Employees… — Writ and Judicial Review | Karnataka HC (2025)

Karnataka Telecom Department Employees… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; the impugned Communication dated 06.11.2025 passed by respondent No.2 in No.HSG/2:62:H.H.S:2025-26 (Annexure-A) is quashed. Costs, though prayed for in the writ petition, are not recorded as granted in the operative order.

¶ORDER clause i)

Issue for consideration

Whether the Communication dated 06.11.2025 passed by respondent No.2 in No.HSG/2:62:H.H.S:2025-26 (Annexure-A), calling upon the petitioner Society to furnish certain information and documents dating back to 2006, is illegal and liable to be quashed.

¶prayer clause (¶22)

Court's answer

On consideration of the relevant Rules in light of Annexure-A, this Court finds no reason to form a different opinion from the view taken by the Co-ordinate Bench in WP.No.11264/2025 (that the power under Rule 291(1) is confined to papers already laid on the table of the House, with external production only on the Speaker's direction under Rule 291(2)), and therefore proceeds to allow the petition.

¶¶5 (second, page 4)

Ratio / Principle

The Communication dated 06.11.2025 passed by respondent No.2 in No.HSG/2:62:H.H.S:2025-26, produced as per Annexure-A, is quashed.

¶ORDER clause ii)

Detailed headnote1 paragraphs

HIGH COURT OF KARNATAKA AT BENGALURU (M G Uma J, 03.12.2025) — Writ Petition No. 35024 of 2025 (CS-RES), filed under Articles 226 and 227 of the Constitution of India by a registered co-operative society, ALLOWED; the Communication dated 06.11.2025 passed by respondent No.2 (Registrar of Co-operative Societies, acting through its Additional Registrar of Co-operative Societies) in No.HSG/2:62:H.H.S:2025-26, produced as Annexure-A, by which the petitioner Society was called upon to furnish certain information and documents dating back to 2006, QUASHED. Following the Co-ordinate Bench order dated 10.07.2025 in WP.No.11264/2025, rendered under similar facts and circumstances, which construed Rules 290 and 291 of the Rules of Procedure and Conduct of Business of the Karnataka Legislative Assembly and held that a Committee's powers under Rule 291(1) are strictly limited to examining papers already laid on the table of the House, with power to call for external papers or officers only when expressly directed by the Speaker under Rule 291(2), this Court stated that on consideration of the relevant Rules in light of Annexure-A it did not find any reason to form a different opinion, and accordingly allowed the petition and quashed the impugned communication. Costs prayed for were not specifically awarded in the operative order.

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NC: 2025:KHC:50379 WP No. 35024 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 35024 OF 2025 (CS-RES)

BETWEEN:

KARNATAKA TELECOM DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY NO.106, P AND T COLONY 2^ND BLOCK, R.T NAGAR, BANGALORE-560 032. REP BY ITS SECRETARY. SRI. B.S. MANJUNATH. E-MAIL: [email protected]

…PETITIONER

(BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR SRI. LOKESHA D.S., ADVOCATE)

AND:

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

STATE OF KARNATAKA, VIDHANASOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY,

REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD BENGALURU - 560 052. REPRESENTED BY ITS ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, (HOUSING AND OTHERS)

JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU PROVINCE, NO.146, 3^RD FLOOR, SAHAKARI SOUDHA, 8^TH CROSS, MALLESHWARAM, BENGALURU - 560 003.

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NC: 2025:KHC:50379 WP No. 35024 of 2025

HC-KAR

DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 4^TH ZONE, BENGALURU URBAN DISTRICT, O/AT NO. 146, CO-OPERATIVE BUILDING, 3^RD MAIN ROAD, 8^TH CROSS ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003.

…RESPONDENTS

(BY SRI. YOGESH D.S., AGA FOR R1-4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE COMMUNICATION DATED 06.11.2025 PASSED BY RESPONDENT NO.2 IN BEARING NO. HSG/2 62 H.H.S 2025-26 PRODUCED AT ANNEXURE- A IS ILLEGAL AND QUASH THE SAME, AND ALLOW THIS WP WITH COSTS, 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

ORAL ORDER

The petitioner - Society has approached this Court seeking to declare the Communication dated 06.11.2025 passed by respondent No.2 in No.HSG/2:62:H.H.S:2025-26 produced as per Annexure-A, as illegal and to quash the same.

Heard Sri. D R. Ravi Shankar, learned senior advocate for Sri. Lokesha D S, learned counsel for the petitioner and Sri Yogesh D Naik, learned Additional

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NC: 2025:KHC:50379 WP No. 35024 of 2025

HC-KAR

Government Advocate for respondent Nos.1 to 4. Perused the materials on record.

The petitioner is a registered Co-operative Society

represented by its Secretary. It has received a Communication as per Annexure-A issued by the Additional Registrar of Cooperative Societies, calling upon certain information and documents, since from 2006, which is called in question in the present petition.

My attention was drawn to the order dated 10.07.2025 passed in WP.No.11264/2025. Under similar facts and circumstances, the Co-ordinate Bench has formulated a point for consideration as to 'whether a Committee on papers laid on table can call for any documents, papers or examine any witness or officer before issuing a report in terms of Rule 291 of the Rules of procedure and Conduct of Business in Karnataka Legislative Assembly?'.

The co-ordinate Bench referring to the Rules 290 and 291 of Rules of Procedure and Conduct of Business of Karnataka Legislative Assembly, held that the Committee's powers and jurisdiction under Rule 291(1) are strictly limited to

4 - NC: 2025:KHC:50379 WP No. 35024 of 2025

HC-KAR

examining papers already laid on the table of the House by the Ministers. The Committee cannot proactively summon papers not yet laid, nor call upon officers of external institutions to produce such papers, except when explicitly directed by the Speaker under Rule 291(2) of the Rules.

On consideration of the relevant Rules in light of Annexure-A, I do not find any reason to form a different opinion. In that view of the matter, the petition is to be allowed accordingly I proceed to pass the following.

ORDER

i) The petition is allowed .

ii) The Communication dated 06.11.2025 passed by respondent No.2 in

No.HSG/2:62:H.H.S:2025-26 produced as per Annexure-A is quashed.

SD/(M G UMA) JUDGE

PNV: CT:VS - List No.: 2 Sl No.: 7