- 1 - NC: 2025:KHC:1668 WP No. 812 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 812 OF 2025 (CS-RES) BETWEEN: 1. SIDDARAJU. S S/O SIDDE GOWDRU, AGED ABOUT 36 YEARS, 2. M C RAMESH S/O LATE CHOWDAIAH, AGED ABOUT 64 YEARS, 3. NANDHINI M S W/O ANANDA AGED ABOUT 36 YEARS, 4. DUNDDAMMA W/O LATE NANJUNDE GOWDA AGED ABOUT 65 YEARS, 5. PUTTASWAMY S/O SUBBE GOWDA AGED ABOUT 49 YEARS, 6. M V MAYANNA S/O M V VENKATAPPA AGED ABOUT 45 YEARS, 7. M MALLIKARJUN SWAMY S/O MADAIAH AGED ABOUT 62 YEARS, PETITIONERS NO.1 TO 7 ARE THE DIRECTORS OF SREE LAKSHMI NARASIMHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD, Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1668 WP No. 812 of 2025 MALAVALLI TOWN, KOTE BEEDI-571 430 MANDYA DISTRICT. …PETITIONERS (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COOPERATION, M.S. BUILDING, BANGALORE- 560001 BY ITS SECRETARY 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSORE REGION, MYSORE - 570001. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA - 571401. 4. CHIEF EXECUTIVE OFFICER SREE LAKSHMI NARASIMHA PRIMARY AGRICUTURAL CREDIT CO-OPERATIVE SOCIETY LTD, MALAVALLI TOWN KOTE BEEDI- 571430 MANDYA DISTRICT. …RESPONDENTS (BY SRI. SIDDARTH BABURAO., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO QUASHING THE ORDER DTD 18.12.24 IN NO.DRY/A1/XSN/09/24-25 PASSED BY THE R3 VIDE ANNEXURE-C. - 3 - NC: 2025:KHC:1668 WP No. 812 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Heard learned counsel for the petitioners and learned Additional Government Advocate for respondent No.3. 2. The 3rd respondent - The Deputy Registrar of Co-operative Societies passed the order dated 18.12.2024 superseding the entire Board at Annexure-C. Aggrieved, the petitioner preferred appeal before the 2nd respondent - The Joint Registrar of Co-Operative Societies (for short 'JRCS') on 13.12.2024. Along with the appeal, the petitioners filed application seeking to stay the order impugned at Annexure - C. The case made out by the petitioner is that 2nd respondent has not considered the stay application filed by the petitioners until today and that petitioner No.6 is contesting in the election of another Co-Operative Society, which is scheduled on 25.01.2025. It is submitted that under proviso to Section 30 of the - 4 - NC: 2025:KHC:1668 WP No. 812 of 2025 Karnataka Co-Operative Societies Act, 1959 (hereinafter referred to as KCS, Act 1959) that no member of the Board superseded under Sub-Section (2) shall be eligible for being elected as a member of the Board of such society or any other Co-operative Society for a period of one year from the date of removal of such Board and submits that if the stay application is not considered by 2nd respondent, the petitioners would be prejudiced and the petitioner No.6 would not be eligible for contesting the election, which has been scheduled on 25.01.2025. 3. Learned AGA submits that the matter be remanded back to the Appellate Authority as the petitioners have already approached the Appellate Authority and the stay application would be considered by the Authority in accordance with law. 4. The appeal is preferred before the 2nd respondent on 30.12.2024, however, the stay application is pending consideration, by the impugned order at Annexure - C, the entire Board has to be superseded and - 5 - NC: 2025:KHC:1668 WP No. 812 of 2025 Section 30 of the KCS, Act 1959 provides for a penal action, disqualifying the petitioners from contesting the upcoming election for period of one year. Therefore, non granting of stay would lead to irreparable loss to the petitioners, this Court deems it appropriate to grant stay of Annexure - C for a period of two weeks from today. The 2nd respondent is directed to consider the stay application filed by the petitioners and pass appropriate orders within four weeks from date of receipt of this order. 5. With the said observations, the writ petition stands disposed off. All contentions are kept open. This Court has not expressed any merits or demerits of the case, if expressed any, it is only to the limited extent of considering this writ petition Pending I.As would not survive for consideration. Sd/- (JUSTICE K.S. HEMALEKHA) AG List No.: 1 Sl No.: 13