- 1 - NC: 2025:KHC:3247 WP No. 1502 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 1502 OF 2025 (CS-RES) BETWEEN: MR. D. T.SRINIVASAIAH S/O. D.T. THIMMEGOWDA, AGE 67 YEARS, R/AT DEVEGOWDANA KOPPALU VILLAGE, KASABA HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT - 571 432. …PETITIONER (BY SRI. VINAYA H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY PRINCIPAL SECRETARY/ ADDITIONAL UNDER SECRETARY. 2. THE COMMISSIONER, CO-OPERATIVE ELECTION AUTHORITY, HAVING OFFICE AT 3RD FLOOR, SHANTHI NAGARA, TTMC "A" BLOCK, KENGAL HANUMANTHAIAH ROAD, BENGALURU - 560 027. 3. THE DEPUTY COMMISSIONER AND FEDERAL THE CO-OPERATIVE ELECTION OFFICER, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3247 WP No. 1502 of 2025 MANDYA DIST, MANDYA, HAVING OFFICE AT PARK ROAD 2, NEAR DISTRICT COURT, PES COLLEGE ROAD, MANDYA - 571 401. 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DIVISION, BEHIND SIDDARTHA OLD THEATER ROAD, MANDYA - 571 434. 5. THE MANDYA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., GEJJALAGERE VILLAGE, MADDUR TALUK, MANDYA DISTRICT - 571 428, REPRESENTED BY ITS MANAGING DIRECTOR, REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959. 6. THE NAGANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, NAGANAHALLI VILLAGE, NAGAMANGALA TALUK, MANDYA - 571 432. REPRESENTED BY ITS SECRETARY. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959. 7. SRI. ASHOK.N.K, S/O. SRI. KRISHNAPPA, AGE. MAJOR, NAGANANNA HALLI, DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA - 571 402. - 3 - NC: 2025:KHC:3247 WP No. 1502 of 2025 8. APPAJI GOWDA N, S/O LATE NANJEGOWDA, AGED ABOUT 59 YEARS, R/AT NO.62, 6TH CROSS, BAPUJI EXTENSION, CHANDRA LAYOUT, VIJAYANAGAR, BANGALORE - 40. …RESPONDENTS (BY SMT. PRATHIMA HONNAPUR, AAG A/W SRI. SIDHARTH BABU RAO, AGA FOR R1, R3 AND R4; SRI. D.R. RAVISHANKAR, SR. COUNSEL FOR SRI. SARAVANA, ADVOCATE FOR R8) THIS W. P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTIFICATION NO.CO 479 CNS 2024 (E) DATED 22.11.2024 ISSUED BY THE R-1 VIDE (ANNEXURE -B) TO THE W.P AND GRANT N INTERIM ORDER TO STAY THE NOTIFICATION NO.CO 479 CNS 2024 (E) DATED 22.11.2024 ISSUED BY R-1 VIDE ANNEXURE-B TO THE W.P TILL COMPLETION OF ELECTION PROCESS ANNOUNCED BY THE 2ND AND 4TH RESPONDENT DATED 18.10.2024 TO THE R-5 UNION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 4 - NC: 2025:KHC:3247 WP No. 1502 of 2025 ORAL ORDER 1. The petitioner is seeking to challenge the notification issued by respondent No.1 at Annexure-B, nominating respondent No.8 as official member to board of directors of respondent No.6-Society. 2. Heard Sri. Vinaya H., learned counsel for the petitioner, Smt. Prathima Honnapur, learned AAG along with Sri. Sidharth Babu Rao., learned AGA for the State and Sri. D. R. Ravishankar, learned Senior Counsel for Sri. Sarvana, learned counsel for respondent No.8 and perused the material on record. 3. Respondent No.1 appointed respondent No.8 as a Government nominee to the post of director of respondent No.6-Society by virtue of notification dated 22.11.2024. 4. Section 29-G(4)(j) of the Karnataka Co- Operative Societies Act, 1959 (hereinafter referred to as "KCS Act, 1959" for short) reads as under: - 5 - NC: 2025:KHC:3247 WP No. 1502 of 2025 "29-G. Appointment of Chief Executive: (1) xxxx (2) xxxx (3) xxxx (4) The Chief Executive shall be the Chief Administrative Officer of the society and shall, subject to the general supervision and control of the [board] and such other conditions and restrictions as may be specified in the bye-laws- (j) sue and be sued on behalf of the co- operative society;" 5. The aforesaid provision clearly envisages that the Chief Executive shall be the Chief Administrative Officer of the society and right to sue and be sued on behalf of the Co-Operative Society would be by the Chief Administrative Officer or the petitioner establishes his right has been infringed, the writ petition averments are totally silent as to what legal right of the petitioner has been violated, that is to be a aggrieved person to challenge the nomination of respondent No.8 to - 6 - NC: 2025:KHC:3247 WP No. 1502 of 2025 respondent No.6-society, the petitioner has not made out any ground and the writ petition needs to be dismissed on the sole ground of locus standi, accordingly, the petition is dismissed as devoid of merits. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 31 CT: BHK