Sri Sathish K R Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri Sathish K R Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Orders dated 18.04.2026 (Annexure-N) and 24.04.2026 (Annexure-M) passed by respondent No.4 in Case No.ARB-44/Disqualification/29-C/01/2025-26 set aside; matter remitted to respondent No.4 for fresh consideration after providing an opportunity to all parties; parties directed to appear before respondent No.4 on 18.05.2026 at 02:30 p.m. without awaiting further notice, and respondent No.4 directed to expedite the hearing; with these observations, writ petition disposed of.

Issue for consideration

Whether the order dated 24.04.2026 (Annexure-M) passed by respondent No.4 in the Section 29-C KCS Act disqualification proceedings, without providing the petitioner an opportunity of hearing and without personal service of notice, is vitiated by violation of the principles of natural justice and liable to be set aside.

Court's answer

Since the notice issued to the petitioner in the impugned proceedings (served on Smt. Komala) was not served on the petitioner personally, there is an infraction of the principles of natural justice vis-a-vis the petitioner.

Ratio / Principle

The order dated 18.04.2026 (Annexure-N) and the impugned order dated 24.04.2026 (Annexure-M) passed by respondent No.4 in Case No.ARB-44/Disqualification/29-C/01/2025-26 are set aside, and the matter is remitted back to respondent No.4 to re-consider the issue afresh after providing an opportunity to all the parties.

Key takeaways

Since the parties are represented through counsel, they are directed to appear before respondent No.4 on 18.05.2026 at 02.30 p.m. without waiting for any further notice, and respondent No.4 is directed to expedite the hearing.ratio¶52

Detailed headnote1 paragraphs

Writ Petition (CS-RES) under Articles 226 and 227 of the Constitution of India challenging an order dated 24.04.2026 (Annexure-M) passed by the Assistant Registrar of Co-operative Societies, Bengaluru Urban District (respondent No.4) in Case No.ARB-44/Disqualification/29-C/01/2025-26, a proceeding under Section 29-C of the Karnataka Co-operative Societies Act, 1959. Held: the notice issued by respondent No.4 in the impugned proceedings was served on one Smt. Komala and not on the petitioner personally, as evident from the order sheet (Annexure-N); this constituted an infraction of the principles of natural justice. The orders dated 18.04.2026 (Annexure-N) and 24.04.2026 (Annexure-M) were set aside and the matter remitted to respondent No.4 for fresh consideration after affording an opportunity to all parties. Parties, being represented through counsel, were directed to appear before respondent No.4 on 18.05.2026 at 02:30 p.m. without awaiting further notice, and respondent No.4 was directed to expedite the hearing. Writ petition disposed of (E.S. Indiresh, J.), 25.04.2026.

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NC: 2026:KHC:23006 WP NO.13579 OF 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 25^TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.13579 OF 2026 (CS-RES)

BETWEEN:

SRI. SATHISH K.R. S/O RAMAIAH, AGED ABOUT 42 YEARS, R/AT KADATHANAMALE VILLAGE, ARAKERE POST, HESRAGATTA HOBLI, BENGALURU NORTH TALUK. PRESENTLY SERVING AS DIRECTOR, KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KADATHANAMALE VILLAGE, BENGALURU NORTH - 562 136.

…PETITIONER

(BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI. RAVI SHANKAR K., ADVOCATE)

Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

AND:

THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY.

THE STATE CO-OPERATIVE ELECTION AUTHORITY 3^RD FLOOR, TTMC 'A' BLOCK, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. REP. BY ITS SECRETARY.

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NC: 2026:KHC:23006 WP NO.13579 OF 2026

HC-KAR

THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU URBAN DISTRICT, ALI ASKAR ROAD, BENGALURU - 560 001.

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BENGALURU URBAN DISTRICT, ALI ASKAR ROAD, BENGALURU - 560 001.

KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, (SOCIETY REGD. UNDER THE KARNATAKA CO-OPERATIVE SOCIEITES ACT, 1959) KADATHANAMALE, ARAKERE POST, BENGALURU NORTH TALUK - 562 136. REP. BY ITS SECRETARY.

SHRI. SATHIS M. S/O M. MUNIYAPPA, AGE: MAJOR, R/AT NELLUKUNTE VILLAGE, HESARAGATTA HOBLI, DODDATUMAKURU RURAL, DODDATUMKUR, BENGALURU NORTH - 561 203.

…RESPONDENTS

(BY SRI. YOGESH D. NAIK, AGA FOR R1, R3 AND R4; SRI. A. DEVARAJU, ADVOCATE FOR R2; SRI. NAVEEN KUMAR S.R., ADVOCATE FOR SRI. GANASHEKAR S., ADVOCATE FOR C/R6; V/O DATED 25.04.2026, NOTICE TO R5 DISPENSED WITH)

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NC: 2026:KHC:23006 WP NO.13579 OF 2026

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ORDER DATED 24^TH APRIL, 2026 PASSED BY THE RESPONDENT NO.4 IN CASE NO. ARB-44/DISQUALIFICATION 29-C/01/2025-26 VIDE ANNEXURE-M; AND ETC.

THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH

ORAL ORDER

In this writ petition, the petitioner is challenging the order dated 24^th April, 2026 (Annexure-M) passed by the respondent No.4 in Case No.ARB-44/Disqualification/29-C/01/2025-26.

Heard Sri. D.R. Ravishankar, learned Senior

Counsel on behalf of Sri. Ravi Shankar K., appearing for the petitioner; Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondents 1, 3 and 4; Sri. A. Davaraju, learned counsel appearing for the respondent No.2; and Sri. Naveen Kumar S.R., learned counsel on behalf of Sri. Ganashekar, appearing for the respondent No.6.

Sri. D.R. Ravishankar, learned Senior Counsel appearing for the petitioner invited the attention of the Court to order 24^th February, 2025 (Annexure-E) passed in Writ Petition No.3373 of 2025 and order dated 13^th March, 2026 (Annexure-

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NC: 2026:KHC:23006 WP NO.13579 OF 2026

HC-KAR

L) passed in Writ Petition No.21353 of 2025 and contended that

the parties were relegated to contest the dispute filed under Section 29-C of the Karnataka Co-operative Societies Act, 1959 (for short, hereinafter referred to as 'KCS Act' ).

By referring to order dated 18^th April, 2026 (Annexure-N) and order dated 31^st March, 2026 (Annexure-N1) passed by the respondent No.4 in the impugned proceedings bearing Case No.ARB-44/Disqualifiaction/29-C/01/2025-26, it is argued by learned Senior Counsel appearing for the petitioner that the respondent No.4 passed the impugned order dated 24^th April, 2026 (Annexure-M), without providing an opportunity to the petitioner and no notice has been served to by the petitioner in person. Therefore, learned Senior Counsel sought for interference of this Court.

Per contra, Sri. Naveen Kumar S.R., learned counsel appearing for the respondent No.6 submitted that the Notice has been served to the close relative of the petitioner and the petitioner is well aware about the proceedings. Therefore, he sought to justify the impugned order dated 24^th April, 2026 (Annexure-M) passed by the respondent No.4.

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HC-KAR

Sri. Yogesh D. Naik, learned Additional Government

Advocate appearing for respondents 1, 3 and 4 argued in the lines of respondent No.6 and sought to justify the impugned order passed by the respondent No.4.

In the light of submission made by learned counsel appearing for the parties, on perusal of the writ papers, the same would indicate that, this Court, by order dated 13^th March, 2026 (Annexure-L) passed in Writ Petition No.21353 of 2025, wherein challenge has been made to the Notice dated 11^th June, 2025 calling upon the petitioner to appear for the proceedings initiated under Section 29-C of the KCS Act, directed the petitioner to appear before the respondent No.4. In culmination of the same, the impugned proceedings were continued by the respondent No.4.

Perusal of the order sheet in the impugned proceedings produced at Annexure-N makes it clear that the Notice issued to the petitioner by the respondent No.4 has not been served to the petitioner personally, instead, the same has been served to one Smt. Komala. In that view of the matter, I find infraction of principles of natural justice to the petitioner

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HC-KAR

Therefore, order dated 18^th April, 2026 (Annexure-N) and the impugned order dated 24^th April, 2026 (Annexure-M) passed by the respondent No.4 in Case No.ARB-44/Disqualification/29C/01/2025-26 are hereby set-aside and the matter is remitted back to the respondent No.4 to re-consider the issue afresh after providing an opportunity to all the parties.

Since the parties are represented through their respective learned counsels, in order to avoid further delay in the matter, parties are directed to appear before the respondent No.4 on 18^th May, 2026 at 02.30 p.m. without waiting for an further notice from the respondent No.4. The respondent No.4 is directed to expedite the hearing. With this observation, writ petition stands disposed of.

SD/(E.S.INDIRESH) JUDGE

ARK List No.: 2 Sl No.: 1