- 1 - NC: 2025:KHC:1594 WP No. 873 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. 873 OF 2025 (CS-EL/M) BETWEEN: ROSHAN BARETTO, SON OF KAMIL BARETTO, AGED ABOUT 35 YEARS, RESIDING AT PIUS NAGARA, HANGLUR VILLAGE, KUNDAPURA, UDUPI DISTRICT - 576 217. …PETITIONER (BY SRI. PURNACHANDRA M. PURANIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, ROOM NO. 610, 6TH FLOOR, 3RD GATE, M.S. BUILDING, BENGALURU - 560 001, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY. 2. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, UDUPI DISTRICT, RAJATHADRI, A BLOCK, 1ST FLOOR, DISTRICT ADMINISTRATIVE OFFICES ENCLAVE, MANIPAL - 576 104. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1594 WP No. 873 of 2025 3. ROSARY CREDIT CO-OPERATIVE SOCIETY LTD., A CO-OPERATIVE SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, HAVING REGISTERED OFFICE AT KUNDESHWARA ROAD, KUNDAPURA, UDUPI DISTRICT - 576 201, REPRESENTED BY ITS EXECUTIVE OFFICER. 4. THE RETURNING OFFICER, ROSARY CREDIT CO OPERATIVE SOCIETY LTD., KUNDESHWARA ROAD, KUNDAPURA, UDUPI DISTRICT - 576 201. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1, R2 AND R4) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. SET ASIDE THE ORDER DATED 19.07.2021 BEARING NO. RG0035210001422 PASSED BY RESPONDENT NO.2 (ANNEXURE-B) AND CONSEQUENTLY DECLARE NOTE NO.8 TO THE CLAUSE NO. 24(B) OF THE AMENDED BY LAWS OF THE RESPONDENT NO.3 SOCIETY AS ILLEGAL (ANNEXURE-B) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 3 - NC: 2025:KHC:1594 WP No. 873 of 2025 ORAL ORDER 1. The petitioner seeks to set aside the order dated 19.07.2021 passed by respondent No.2 at Annexure-B, approving the amended By-law of the society and consequently declare Note No.8 to the clause 24(B) of the amended By-laws of respondent No.3-Society as illegal. 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. The case made out by the petitioner is that he intends to contest the election and file nomination from the reserved constituency and submits that the amended By-laws are illegal, passed with an intention of denying the petitioner's right from contesting the election. . 4. Learned Additional Government Advocate submits that an alternative efficacious remedy is provided by filing an appeal before Deputy Register of Co-operative - 4 - NC: 2025:KHC:1594 WP No. 873 of 2025 Societies (herein after referred to as "DRCS" for short) and the present petition is not maintainable. 5. The submission is taken on record. 6. The amendment of By-laws made is sought to be challenged in this writ petition, there being an alternative efficacious remedy provided to the petitioner to file an appeal and the writ petition is not maintainable under Article 226 of the Constitution of India and accordingly writ petition is dismissed as not maintainable with liberty to the petitioner to approach the appropriate forum in accordance with law, if so permitted. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 26 CT: BHK