Sri M Mariswamy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri M Mariswamy Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Writ petitions disposed of without being entertained, with liberty to the petitioners to avail the alternate remedy (under Section 70 of the Karnataka Co-operative Societies Act, 1959).

Issue for consideration

Whether the writ petitions challenging the suspension orders issued by respondent No.4 are maintainable before the High Court, given the alternate remedy available to the petitioners under Section 70 of the Karnataka Co-operative Societies Act, 1959. +1 more

Court's answer

Since the petitioners are provided with an alternate remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959, the Court declined to entertain the writ petitions under Article 226 of the Constitution of India.

Ratio / Principle

Under Article 226 of the Constitution of India, this Court would not invoke disputed questions of fact.

Key takeaways

At this stage the Court would not go into any of the allegations or the merit of the impugned order of suspension.ratio¶49

Detailed headnote1 paragraphs

Writ Petition No. 5286 of 2025 (S-RES) c/w W.P. No. 5291 of 2025 (S-RES), High Court of Karnataka at Bengaluru; oral order of S.G. Pandit, J., dated 24.02.2025. Two employees of the Mandya District Co-operative Central Bank Ltd. (respondent No.4) — an Assistant General Manager posted to work as Manager, and a Senior Assistant — filed writ petitions under Articles 226 and 227 of the Constitution of India seeking quashing of their suspension orders dated 12.02.2025 (Nos. ADALITHA.SIBBANDI.473.2024-25 and ADALITHA.SIBBANDI.474.2024-25) issued by respondent No.4-Bank. Per the petitioners' counsel, the only allegation in the suspension orders was that the petitioners had made representations to various authorities regarding the functioning of the Bank; learned counsel for respondent No.4 submitted that the petitioners were engaged in false propaganda through the media and a Whatsapp group, adversely impacting the Bank. Respondent No.4 raised a preliminary objection on maintainability, pointing to the alternate remedy under Section 70 of the Karnataka Co-operative Societies Act, 1959. Holding that the petitioners, being employees of the Bank, have that alternate remedy, that the Court would not go into the allegations or merits of the suspension orders at that stage, and that under Article 226 it would not invoke disputed questions of fact, the Court declined to entertain the writ petitions and disposed of them with liberty to the petitioners to avail the alternate remedy.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 24^TH DAY OF FEBRUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.G.PANDIT

WRIT PETITION NO. 5286 OF 2025 (S-RES) C/W WRIT PETITION NO. 5291 OF 2025 (S-RES)

IN W.P. NO. 5286/2025

BETWEEN:

SRI M. MARISWAMY S/O. MARILINGE GOWDA, AGED ABOUT 59 YEARS 8 MONTHS, WORKING AS ASSISTANT GENERAL MANAGER, POSTED TO WORK AS MANAGER, MANDYA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., MANDYA R/AT. MENASAGERE, MADDUR TALUK, MANDYA DISTRICT – 571428.

…PETITIONER

(BY SRI. VIJAYA RAGHAVA SARATHY H. M., ADV.)

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA

AND:

THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU- 560 001.

THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI AZGAR ROAD, BENGALURU- 560 001.

THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

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DEPARTMENT OF CO-OPERATION, MYSORE DIVISION, MYSORE- 570 006.

THE MANDYA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., REP. BY ITS MANAGING DIRECTOR, MANDYA – 571401.

…RESPONDENTS (BY SRI.NAVEEN CHANDRASHEKHAR AGA FOR R1-R3 SRI SIDDHARTH B MUCHANDI, ADV. FOR C/R4) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF SUSPENSION BEARING NO. ADALITHA.SIBBANDI.473.2024-25 DATED 12.02.2025 (ANNX-A) ISSUED BY THE R-4 PLACING THE PETITIONER UNDER SUSPENSION AS THE SAME IS ILLEGAL AND IN OPERATIVE AND ETC.

IN W.P. NO. 5291/2025

BETWEEN:

SRI Y B BOMME GOWDA S/O. BASAVE GOWDA, AGED ABOUT 44 YEARS, WORKING AS SENIOR ASSISTANT, MANDYA DISTRICT CO-OPERATIVE CENTRAL BANK, SOMENAHALLI, K.R. PETE TALUK, MANDYA DISTRICT R/AT YADAGANAHALLI VILLAGE, CHIKKARASINAKERE HOBLI, MADDUR TALUK, MANDYA DISTRICT – 571428.

...PETITIONER

(BY SRI. VIJAYA RAGHAVA SARATHY H. M., ADV.)

AND:

THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU - 560 001.

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THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI AZGAR ROAD, BENGALURU - 560 001.

THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, DEPARTMENT OF CO-OPERATION, MYSORE DIVISION, MYSORE-570 006.

THE MANDYA DISTRICT CO-OPERATIVE CENTRAL BANK LTD., REP. BY ITS MANAGING DIRECTOR, MANDYA-571401.

...RESPONDENTS

(BY SRI. NAVEEN CHANDRASHEKHAR, AGA FOR R1-R3 SRI SIDDHARTH B MUCHANDI, ADV. FOR R4)

THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER OF SUSPENSION BEARING NO.ADALITHA. SIBBANDI.474.2024-25 DATED 12.02.2025 (ANNX-A) ISSUED BY THE R-4 PLACING THE PETITIONER UNDER SUSPENSION AS THE SAME IS ILLEGAL AND IN OPERATIVE AND ETC.

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

CORAM: HON'BLE MR JUSTICE S.G.PANDIT

ORAL ORDER

Though both the writ petitions are listed for

‘Preliminary Hearing’, with the consent of learned counsel

appearing for both the parties, the same are taken up together for final disposal.

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Heard learned counsel Sri.Vijaya Raghava

Sarathy.H.M., for petitioners and Learned Additional Government Advocate Sri.Naveen Chandrashekar for respondent Nos.1 to 3 and learned counsel Sri.Siddharth B. Muchandi, for respondent No.4. Perused the writ petition papers.

Learned counsel Sri.Siddharth B. Muchandi for respondent No.4 raised preliminary objections with regard to maintainability of writ petitions since the petitioners are provided with alternate remedy of Section 70 of the Karnataka Co-operative Societies Act, 1959 (for short, ‘1959 Act’).

Learned counsel for the petitioner Sri.Vijaya Raghava Sarathy.H.M., submits that the petitioners are before this Court questioning the order of suspension, as fourth respondent has not made out any ground to keep the petitioners under suspension. The only allegation in the order of suspension is that the petitioners have made

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representation to the various authorities with regard to functioning of the fourth respondent – Bank.

However, learned counsel for respondent No.4 would submit that the false propaganda is being made by the petitioners and they have approached the media as well as they have circulated in the Whatsapp group which would have adverse impact on the fourth respondent – Co-operative Bank.

At this stage, this Court would not go into any of the allegations or merit on the impugned order of suspension. The petitioners are the employees of the fourth respondent – Co-operative Bank. The 1959 Act provides alternate remedy under Section 70. As the petitioners are provided with alternate remedy, I decline to entertain the present writ petitions under Article 226 of the Constitution of India. Moreover, under Article 226 of the Constitution of India this Court would not invoke any disputed questions of fact.

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In the above circumstances, the writ petitions

stand disposed of with liberty to the petitioners to avail the

alternate remedy.

SD/(S.G.PANDIT) JUDGE

NC CT:bms List No.: 1 Sl No.: 32