- 1 - NC: 2025:KHC:3250 WP No. 1509 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. 1509 OF 2025 (CS-RES) BETWEEN: MR. YOGESHA B B, S/O. SRI. BYREGOWDA, AGE. 31 YEARS, R/AT. BRAMHADEVARAHALLI VILLAGE, HONAKERE 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, MANDYA DISTRICT, MANDYA, HAVING OFFICE AT PARK ROAD 2, NEAR DISTRICT COURT, PES COLLEGE ROAD, MANDYA-571 401. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3250 WP No. 1509 of 2025 PANDAVAPURA 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 BRAMHADEVARAHALLI MILK PRODUCERS CO- OPERATIVE SOCIETY, BRAMHADEVARAHALLI VILLAGE, HONAKERE HOBLI, MANDYA-571 432. REPRESENTED BY ITS SECRETARY. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959. 7. SRI. GURUPRASAD B. K. S/O. SRI. KUMAR AGE.MAJOR, R/AT. BRAMHADEVARAHALLI VILLAGE, HONAKERE HOBLI, NAGAMANGALA TALUK, MANDYA-571 432. …RESPONDENTS (BY SRI. PRATHIMA HONNAPUR, AAG A/W SRI. YOGESH D NAIK, AGA FOR R1, 3 AND 4;) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION NO.CO 30 CNS 2024 (E) DATED 22.01.2024 ISSUED BY R-1 VIDE ANNX-B TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:3250 WP No. 1509 of 2025 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER 1. The petitioner has called in question the notification issued by respondent No.1 dated 22.01.2024 nominating respondent No.7 as Government nominee to the post of director of respondent No.6-Society. 2. Heard Sri. Vinay H. learned counsel for the petitioner, Smt. Prathima Honnapur, learned AAG along with Sri. Yogesh D. Naik, learned AGA for the State. 3. Learned counsel for the petitioner submits that respondent No.1 had no authority to appoint a Government nominee to the post of director of respondent No.6-Society as per Section 28-A(4-B)(1) of the Karnataka Co-Operative Societies Act, 1959 (hereinafter referred to as "KCS Act, 1959" for short), the Society being not assisted society as prescribed under Section 2(a-1-1) of KCS Act, 1959. - 4 - NC: 2025:KHC:3250 WP No. 1509 of 2025 4. Per contra, learned AGA produces the representation dated 10.01.2024 issued by the Deputy Registrar of Co-Operative Societies, Mandya District, Mandya at Annexure-R1 to contend that the Society- respondent No.6 was an assisted Society as prescribed under Section 2(a-1-1) of KCS Act, 1959 and the nomination by the State of respondent No.6-Society is justified and in consonance with the Section 28-A(4-B)(1) and 2(a-1-1) of KCS Act, 1959. That the petitioner has no locus standi to challenge the government nomination to the post of the director of respondent no 6 society. 5. This Court has carefully considered the rival contention of the learned counsel for the parties and perused the material on record. 6. 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:3250 WP No. 1509 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;" 7. Plain reading of the aforementioned section clearly indicates that for every Co-Operative society, it is the Chief Administrative Officer of the society who is entitled to sue and be sued on behalf of the Co-Operative society. In light of the provisions as indicated above, the present petition filed by a shareholder of the society is not maintainable. Even otherwise the contention of the petitioner is taken that respondent No.6-society is not an assisted society, perusal of Annexure-R1, clearly indicates - 6 - NC: 2025:KHC:3250 WP No. 1509 of 2025 that there was assistance by the State to respondent No.6-Society and in the said circumstances, respondent No.1 was justified in nominating respondent No.7 as the delegate/representative of respondent No.6-Society. For the foregoing reasons, the petition has to be dismissed on the ground of locus standi and also that the nomination of respondent no 7 is justified and no ground has been made out to entertain this writ petition, accordingly, the writ petition is dismissed as devoid of merits. Sd/- JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 32