- 1 - NC: 2025:KHC:9711 WP No. 3512 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3512 OF 2025 (CS-EL/M) BETWEEN: 1. T B KRISHNAPPA AGED ABOUT 54 YEARS, S/O BYRAPPA, 2. B VENKATESHAPPA AGED ABOUT 50 YEARS, S/O BYRAPPA 3. TIRUMALAPPA AGED ABOUT 65 YEARS, S/O JALALA ARASAPPA ALL ARE MEMBERS AND ELECTED DIRECTORS OF THIMMANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MALURU TALUK - 563130 KOLAR DISTRICT. …PETITIONERS (BY SRI. JAI PRAKASH REDDY M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M S BUILDING, BANGALORE - 560001. 2. THE CO-OPERATIVE ELECTION AUTHORIY 3RD FLOOR, SHANTHINAGAR TTMC A BLOCK, K H ROAD, SHANTHINAGAR, BENGALURU - 560027 BY ITS COMMISSIONER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9711 WP No. 3512 of 2025 3. THE RETURNING OFFICER THIMMANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MALURU TALUK - 563130 KOLAR DISTRICT. 4. THIMMNAYAKANAHALLI MILK PRODUCERS CO-OPERAIVE SOCIETY LTD., MALURU TALUK - 563130 KOLAR DISTRICT BY IS CHIEF EXECUTIVE OFFICER REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 5. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT CO-OPERATIVE ELECTION OFFICER KOLAR DISTRICT KOLAR – 563101 6. SMT. VEENA CO-OPERATIVE DEVELOPMENT OFFICER MALURU TALUK AND RETURNING OFFICER THIMMANAYAKANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MALURU TALUK - 563130 KOLAR DISTRICT. …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R3, R5 & R6; SRI. T.L. KIRAN KUMAR., ADVOCATE FOR R2; SRI. C. SHANKAR REDDY., ADVOCATE FOR C/R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION DIRECTING THE RESPONDENTS TO CONDUCT THE ELECTIONS TO THE R-4 SOCIETY BY RESCHEDULING THE DATES FROM THE STAGE WHERE IT WAS INTERRUPTED AS PER THE CALENDAR OF EVENTS DATED 17.01.2025 IN NO. NIL VIDE ANNEXURE -A ISSUED BY R-4 AT EARLIEST AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9711 WP No. 3512 of 2025 CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: i. To issue a writ of mandamus or any other appropriate writ or direction, directing the respondents to conduct the elections to the respondent No.4 society by rescheduling the dates from the stage where it was interrupted as per the calendar of events dated 7.01.2025 in NO. Nil vide Annexure-A issued by respondent No.4 at earliest. ii. Issue a writ in the nature of mandamus directing the respondents 1, 2 and 5 not to disqualify the members of the managing committee of respondent No.4 society as per Section 28 B (2) and not to appoint administrator as per Section 28 B(3) of Karnataka Co-operative Societies Act 1959. iii. Pass such other orders as may be appropriate in the facts and circumstances of the case, in the ends of justice and equity. 2. The grievance of the petitioner is that the elections have not been conducted post the notification issued for filing of nomination. 3. Learned AGA submits that a special Officer has been appointed and in terms of the Government Order dated 12.2.2025, the Special Officer has already been instructed to conduct the elections at the - 4 - NC: 2025:KHC:9711 WP No. 3512 of 2025 earliest. His submission answers the grievance of the petitioner. 4. Placing the said submission on record, directing the Special Officer to conduct the election as expeditiously as possible. The petition stands disposed in terms of the Government Order dated 12.2.2025. 5. Needless to say, the conduct of the elections having been delayed on account of the appointment of the Special Officer, the Managing Committee cannot be said to be disqualified under Section 28B2. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 7