Sri P N Munegowda Vs the State of Karnataka

SRI. N.J. GOPINATH, S/O JAYACHANDRAPPA, AGED ABOUT 68 YEARS, R/AT. D. KURUBURAHALLI VILLAGE, KASABA HOBLI, CHIKKABALLAPUR TALUK - 562 101. SENIOR CITIZEN BENEFIT NOT CLAIMED.

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SRI. K. RAMU S/O D.K. KRISHNAPPA, AGED ABOUT 52 YEARS,

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NC: 2025:KHC:50862 WP No. 36645 of 2025

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HC-KAR

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R/AT. DIBBURU VILLAGE, KASABA HOBLI, CHIKKABALLAPUR TALUK - 562 101.

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SRI. VENKATESH S/O MUNIKONDAPPA, AGED ABOUT 60 YEARS, R/AT. PURADAGADDE VILLAGE, KASABA HOBLI, CHIKKABALLAPUR TALUK - 562 101 SENIOR CITIZEN BENEFIT NOT CLAIMED.

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…PETITIONERS

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(BY SRI. VARUN J PATIL, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA BANGALORE - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.

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THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKABALLAPUR, S.B.7, ADMINISTRATIVE BHAVAN, CHIKKABALLAPUR DISTRICT - 562 101

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THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, D C OFFICE COMPLEX, SIDLAGHATTA ROAD, CHIKKABALLAPUR - 562 101

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THE DIBBURU VYAVASAYA SEVA SAHAKARA SANGHA LTD, DIBBURU VILLAGE, CHIKKABALLAPUR DISTRICT - 562 101. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SOCIETY REGD., U/K.C.R.ACT 1959.

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…RESPONDENTS

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(BY SRI. YOGESH D. NAIK, AGA FOR R1-3

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NOTICE TO R4 IS D/W V/O DT.4/12/25)

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*Deleted vide Court Order dated:18.12.2025

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NC: 2025:KHC:50862 WP No. 36645 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 24.11.2025 BEARING NO. SANI48/AMANRA/31(1)/XR-08/2025-26 ISSUED BY THE R3 VIDE ANNX-C. AND DIRECT THE R2 TO CONSIDER THE APPEAL NO. DRC/MELNAVI/106/CR-01/2025-26 IN ACCORDANCE WITH LAW. AND ETC.,

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA

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ORAL ORDER

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Petitioners being the Directors of respondent No.4 - Society are seeking issuance of writ in the nature of certiorari to quash the order No.SANI48/AMANRA/31(1)/CR-08/2025-26 dated 24.11.2025 passed by respondent No.3 produced as per Annexure-C and also seeking to issue writ in the nature of mandamus directing respondent No.2 to consider the appeal No.DRC/MELNAVI/106/CR-01/20256-26 produced as per Annexure-E in accordance with law.

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Heard Sri. Varun J Patil, learned counsel for the petitioners, Sri. Yogesh D Naik, learned Additional Government

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Retyped and Replaced Page No.3 and 4 vide Court Order dated:18.12.2025

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HC-KAR

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Advocate for respondent Nos.1 to 3. Perused the materials on record.

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It is the contention of the petitioners that they are

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the Directors of respondent No.4 - Society. One of the Director died on 15.07.2024, which resulted in casual vacancy in the Board. The election was earlier held on 01.10.2023. Therefore to fill the casual vacancy, a Resolution was passed on 27.09.2025 co-opting one more member as the Director in terms of Section 29E of Karnataka Co-operative Societies Act, 1959 (for short 'KCS Act'). Subsequently, as many as six Directors including the caveator petitioner tendered resignation on 04.11.2025. Therefore, it is the contention of the petitioners that seven Directors are required to constitute the quorum.

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Ignoring all these things, the Special Officer was appointed on 24.11.2025 as per Annexure-C. The same was called in question by preferring an appeal before the Deputy Registrar of Co-operative Societies as per Annexure-E. Even though, interim stay of Annexure-C herein was sought for, the said application was rejected. Being aggrieved by the same, the petitioners are before this Court.

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HC-KAR

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It is the contention of learned counsel for the

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caveator that the Resolution dated 27.09.2025 came to be passed highhandedly by snatching the Resolution book from the Secretary. In that regard, he is said to have filed a criminal complaint before the police. But the said complaint came to be filed on 25.11.2025.

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Learned counsel for the caveator again submits that

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the Resolution book was not snatched, but it was stolen by the petitioners. Even then, there is no explanation as to why the complaint came to be filed belatedly on 25.11.2025. However, at the time of passing the Resolution, the caveator was the member of the Board, but is not a signatory to the Resolution. The fact remains that the Resolution dated 27.09.2025 is not challenged by any of the members of the Board till date. Under such circumstances, I find considerable force in the submission made by learned counsel for the petitioners to stay the operation of Annexure-C till the appeal is decided by Deputy Registrar of Co-operative Societies - respondent No.2.

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Accordingly, I proceed to pass the following:

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NC: 2025:KHC:50862 WP No. 36645 of 2025

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HC-KAR

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ORDER

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i) The writ petition is disposed off .

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ii) Respondent No.2 is directed to consider the appeal in accordance with law expeditiously atleast within three months from today. In the meantime, there shall be stay of Annexure-C till disposal of the appeal.

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iii) It is needless to state that both the parties shall co-operate with respondent No.2 in such expeditious disposal of the appeal.

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iv) Respondent No.2 shall not be influenced by any of the observations made in this appeal while disposing of the appeal on merits.

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Sd/(M G UMA) JUDGE

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PNV

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CT:VS

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List No.: 2 Sl No.: 1

Sri P N Munegowda v. the State of Karnataka

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Sri P N Munegowda v. the State of Karnataka

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