- 1 - NC: 2025:KHC:17839 WP No. 6763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6763 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. SHEKAR G S, S/O LATE GOVINDAPPA, AGED ABOUT 44 YEARS. 2. SRI. SIDDAIAIAH, S/O KALAIAH, AGED ABOUT 68 YEARS, BENEFIT OF SENIOR CITIZEN NOT CLAIMED. 3. D R UMESH S/O LATE RAMAIAH, AGED ABOUT 58 YEARS. ALL ARE MEMBERS OF SRI GANGA PARAMESHWARI, FISHERS CO-OPERATIVE SOCIETY LTD. H K V NAGARA T B CIRCLE, MADHURU, MADHURU TALUK, MANDYA DISTRICT - 671 124. …PETITIONERS (BY SRI. JAI PRAKASH REDDY M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, REPRESENTED BY ITS CHIEF SECRETARY, M.S BUILDING, BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17839 WP No. 6763 of 2025 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA DISTRICT, MANDYA - 571 401. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB DIVISION MANDYA - 571 401. 4. SRI GANGA PARAMESHWARI, FISHERS CO-OPERATIVE SOCIETY LTD., H K V NAGARA T B CIRCLE, MADHURU, MADHURU TALUK, MANDYA DISTRICT - 671 124, BY ITS CHIEF EXECUTIVE OFFICER, SOCIETY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959. …RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R1 TO R3; SRI. A C PUTTARAJU., ADV FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 AND 3 TO APPOINT ADMINISTRATOR TO THE RESPONDENT NO.4 SOCIETY AS PER SECTION 28-B(3) OF THE ACT WITH IMMEDIATE EFFECT, DIRECT THE RESPONDENTS 2 AND 3 TO CONSIDER THE REPRESENTATIONS DATED 01-02-2025 AND 17-02-2025 VIDE ANNEXURE-G, G-1 AND G-2 SUBMITTED BY THE PETITIONERS AND CONDUCT THE ELECTION TO THE MANAGING COMMITTEE OF RESPONDENT NO.4 AFTER OBTAINING KYC DOCUMENTS FROM MEMBERS OF THE RESPONDENT NO.4. - 3 - NC: 2025:KHC:17839 WP No. 6763 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this court seeking for the following reliefs; "a) Issue a writ in the nature of Mandamus or any other appropriate writ directing the respondent No.2 and 3 to appoint administrator to the respondent No.4 society as per Section 28-B (3) of the Act with immediate effect. b) Issue a writ in the nature of mandamus directing the respondents 2 & 3 to consider the representations dated 01-02-2025 and 17-02- 2025 vide Annexure-G, G-1 and G-2 submitted by the petitioners and conduct the election to the managing committee of respondent No.4 after obtaining KYC documents from members of the respondent No.4, c) Pass such other orders that deems fit under the circumstances of the case of this petition in the interest of justice." 2. The grievance of the petitioners was that when the petitioners had approached this Court election not having been held to the Board of Directors, an Administrator ought to have been appointed as regards which a representation had been submitted - 4 - NC: 2025:KHC:17839 WP No. 6763 of 2025 by the petitioners. Apart therefrom the petitioners have submitted the representation as regards the manner of conducting the election by ascertaining and verifying the details of the Members. 3. Learned AGA submits that an Administrator has been appointed on 15.04.2025. Sri.S.C.Kulkarni, learned counsel for the Society submits that the draft calendar of event has been issued on 11.04.2025 under Rule-14(1) of the Karnataka Co-operative Societies Rules, 1960 (for short ‘KCS Rules, 1960’) and as such, the reliefs which have been sought for by the petitioners the petition has been rendered infructuous. 4. Sri.Jai Prakash Reddy M., learned counsel for the petitioners in his reply submits that the necessary procedure not having been followed in term of Rule-13 of KCS Rules, 1960 as such the election cannot be held as per the calendar of events. The said contention is not the subject matter of the - 5 - NC: 2025:KHC:17839 WP No. 6763 of 2025 above petition, what is sought for in the above petition has been referred hereinabove, which has been answered by the concerned respondents. If at all the petitioners have any grievance as regards the manner of conducting the election, it is for the petitioners to challenge the same. 5. With these above observations, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE AMM List No.: 2 Sl No.: 42