- 1 - NC: 2025:KHC-K:2510 WP No. 201194 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201194 OF 2025 (CS-RES) BETWEEN: VEERABHADRAPPA S/O. BASANNA CHINCHIRKI AGE: 63 YEARS, OCC : RETIRED CEO PACS, JALAHALLI, R/O: H.NO. 21, WARD NO.10, SHANTESHWARA NAGAR, NEAR VALMIKI CIRCLE, JALAHALLI TQ: DEVADURGA, DIST: RAICHUR – 584 116. …PETITIONER (BY SRI. SACHIN M. MAHAJAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CEO, PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LTD, JALAHALLI, TQ: DEVADURGA, DIST: RAICHUR – 584 116. …RESPONDENTS (BY SMT. ARATI PATIL, HCGP) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2510 WP No. 201194 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND QUASH THE NOTICE DATED: 19.04.2025 BEARING NO. LE/PA/VARADI/JALAHALLI-2024-25, ISSUED BY THE RESPONDENT NO.2 HEREIN VIDE ANNEXURE-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Sachin M. Mahajan, learned counsel for the writ petitioner as well as learned High Court Government Pleader Smt.Arati Patil, who represents respondent Nos.1 and 2. 2. Seeking a writ in the nature of certiorari, to quash the notice dated 19.04.2025 vide notice No.Le/Pa/Varadi/Jalahalli-2024-25 issued by respondent No.2, the present writ petition is filed. 3. Learned counsel for the writ petitioner submits that the petitioner served as Chief Executive Officer at Primary Agricultural Co-operative Society Limited, Jalahalli - 3 - NC: 2025:KHC-K:2510 WP No. 201194 of 2025 and retired from service. The petitioner is a member of Primary Agricultural Co-operative Society, Jalahalli. After retirement, he intended to contest the election for the Board of Directors of Primary Agricultural Co-operative Society Limited. While he was preparing for the election, he received a notice from respondent No.2 that he is liable to pay a sum of Rs.7,56,400/- towards due for the loan obtained. The petitioner gave reply stating that he has not obtained any loan and therefore, he is not entitled to pay any amount. On that, respondent No.2 issued corrigendum notice stating that there was typographical error in the earlier notice and that the amount due is in respect of the excess gratuity paid. 4. Learned counsel states that respondent No.2 is not the employer of the petitioner and therefore, respondent No.2 is not entitled to order the petitioner to repay the amount paid, if any, in excess to gratuity which the petitioner is entitled to receive. Learned counsel also states that to prevent the petitioner from participating in - 4 - NC: 2025:KHC-K:2510 WP No. 201194 of 2025 the election process, respondent No.2 is taking such steps and therefore, impugned notice is required to be quashed. 5. Learned High Court Government Pleader submits that in case petitioner No.2 gives suitable reply to the impugned notice, same will be considered. 6. On that, learned counsel for the writ petitioner states that calendar of events for the election will be issued soon and the petitioner will be prevented from contesting the election in the light of impugned notice. 7. Having considered the submissions thus made, this Court is of the view that the interests of the petitioner are required to be protected. 8. Therefore, writ petition is disposed of with the following: ORDER i. Petitioner to submit his reply to the notice dated 19.04.2025 that was issued by respondent No.2 within a period of two weeks. - 5 - NC: 2025:KHC-K:2510 WP No. 201194 of 2025 ii. On such reply being given, respondent No.2 to consider the same and pass appropriate orders, in accordance with law, within a period of two weeks from the date of submission of reply. iii. Respondent No.1 is directed to instruct the concerned authorities not to release the calendar of events till orders are passed by respondent No.2 with regard to impugned notice. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 25 CT:NI