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2025 DAILYLAW 13221 (KAR)

SRI K MAHESH v. STATE OF KARNATAKA

WP/384/2025 · 2025-04-04

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC:14839 WP No. 384 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 384 OF 2025 (CS-RES) BETWEEN: SRI K MAHESH, S/O LATE KARIYAPPA, AGED ABOUT 35 YEARS, PRESIDENT OF MADAPURA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD MADAPURA VILLAGE, HAMPAPURA HOBLI, HD KOTE TALUK, MYSURU - 571 114. …PETITIONER (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, MS BUILDING, BANGALORE., BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNASURU SUB-DIVISION, HUNASURU, MYSURU-571105. 3. SYED UJMA SHAMANA, SENIOR INSPECTOR CUM AUTHORIZED OFFICER, OFFICE OF ASSISTANT REGISTRAR Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14839 WP No. 384 of 2025 OF CO-OPERATIVE SOCIETIES, HUNASURU SUB-DIVISION, HUNASURU, MYSURU-571 105. 4. MADAPURA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, MADAPURA VILLAGE, HAMPAPURA HOBLI HD KOTE TALUK, MYSURU REPRESENTED BY ITS CEO. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DTD.02.01.2025 VIDE ANNX-A ISSUED BY THE R-3 AS THE SAME BEING VIOLATIVE OF RULE-14 (AKK) IN THE INTEREST OF JUSTICE AND EQUITY, GRANT AN INTERIM ORDER TO STAY THE OPERATION AND IMPLEMENTATION OF IMPUGNED NOTICE DTD. 02.01.2025 VIDE ANNX-A ISSUED BY THE R-3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: "a. ISSUE an appropriate writ order or direction in the nature of certiorari quashing the impugned notice dated.02-01-2025 vide Annexure:-A, issued by the 3rd Respondent, as the same being violative of Rule-14(AKK) in the interest of justice and equity; - 3 - NC: 2025:KHC:14839 WP No. 384 of 2025 b. GRANT such other reliefs as this Hon'ble Court deems fit in the facts and circumstance of the case;" 2. The grievance of the petitioner is that the notice of No Confidence Motion dated 02.01.2025, with a meeting proposed to be held on 10.01.2025, which is contrary to Rule 14 (AKK) of the Co-operative Societies Rules, 1959. 3. He submits that the mandatory requirement of 15 days not having been followed. The said notice is required to be quashed in view of the order date 19.12.2024 in W.P.No.34541/2024. 4. A perusal of the notice exfacie indicates that it is dated 02.01.2025 and the meeting has been proposed to be held on 10.01.2025, there being no clear 15 days notice. The said notice for holding a meeting for considering a No Confidence Motion is a violation of the law. As such, I pass the following: ORDER i. The writ petition is allowed. - 4 - NC: 2025:KHC:14839 WP No. 384 of 2025 ii. The notice dated 02.01.2025 at Annexure-A issued by 3rd respondent is quashed. iii. Liberty is reserved to the respondents to issue fresh No Confidence Notice after following the due process of law. SD/- (SURAJ GOVINDARAJ) JUDGE AMA List No.: 1 Sl No.: 40 CT: SG