- 1 - NC: 2025:KHC:11286 WP No. 7859 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7859 OF 2025 (CS-RES) BETWEEN: 1. BYRALINGAIAH S/O LATE BYRAPPA AGED ABOUT 74 YEARS, RESIDING AT KASABA HOBLI, BOMMACHANAHALLI, THIMMASANDRA MAGADI RAMANAGAR KARNATAKA – 561201 2. YASHODAMMA W/O GANGADARAIAH AGED ABOUT 65 YEARS, RESIDING AT MANAMANAHALI, KUTAGAL HOBLI, THIMMASANDRA RAMANAGAR KARNATAKA - 561201 …PETITIONERS (BY SRI. SARAVANA S., ADVOCATE FOR SRI. PRASHANT L KANAL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY OF CO-OPERATION DEPARTMENT DR. B.R. AMBEDKAR VEEDHI M.S.BUILDINGS BANGALORE - 560001. 2. ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES RAMNAGAR SUBDIVISION RAMNAGAR DISTRICT, RAMNAGAR TOWN – 562159 3. KADHALI GOWDANHALLI MILK PRODUCER Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11286 WP No. 7859 of 2025 CO-OPERATIVE SOCIETY KUTAGAL HOBLI RAMANAGAR TALUK, RAMNAGAR DISTRICT - 561201 REPRESENTED BY ITS SPECIAL OFFICER, 4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGAR DISTRICT, RAMNAGAR TOWN – 562159 5. RAVIKUMAR T B KADHALI GOWDANHALLI MILK PRODUCER CO-OPERATIVE SOCIETY, KUTAGAL HOBLI RAMNAGAR TALUK, RAMNAGAR DISTRICT – 561201 6. BANGALORE CO-OPERATIVE MILK UNION LTD., (BAMUL) ITS OFFICE AT DR. M H MARIGOWDA ROAD, DHARAMARAM COLLEGE POST BANGALORE - 560029 REGD UNDER KARNATAKA CO-OP SOCIETIES ACT …RESPONDENTS (BY SRI. YOGESH D. NAIK., AGA FOR R1, R2 & R4; V/O DATED 18.03.2025 NOTICE TO R3, R5 & R6 D/W) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT, THE ACT OF THE 2ND RESPONDENT THERE BY PROCURING THE PURPORTED RESIGNATION LETTERS ALLEGEDLY SAID TO HAVE BEEN GIVEN BY THE PETITIONERS AND THEREBY PASSING ORDER AS PER ANNEXURE-B AND B1 DATED 27.02.2025 WITH OUT COMPLYING PROCEDURES AS CONTEMPLATED UNDER PROVISIONS OF KARNATAKA COOPERATIVE SOCIETIES ACTS AND RULES IS NULL AND VOID BEING UNCONSTITUTIONAL AND ETC THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - NC: 2025:KHC:11286 WP No. 7859 of 2025 ORAL ORDER 1. Learned AGA accepts notice for respondents No.1, 2 and 4. Notice to respondents No.3, 5 and 6 is dispensed with in view of the proposed order to be passed. 2. Petitioner is before this court seeking for the following reliefs: i. Declare that, the act of R2 thereby procuring the purported resignation of letters, allegedly said to have been given by the petitioners and thereby passing order as per Annexure-B & B1 dated 27.02.2025 with out complying procedures as contemplated under provisions of Karnataka Co-operative Societies Act & Rules is null and void being unconstitutional. ii. Issue a writ of certiorari to quash the orders of the 2nd Respondent accepting the resignation of the petitioners to the board of directors of the third respondent society as petitioner Annexure-B & B1 dated 27.02.2025 is arbitrary & illegal. iii. Pass such other orders as this Hon’ble Court deems fit and proper under the circumstances of the case. 3. Though the above reliefs have been sought for learned counsel for the petitioners submits that an appeal has also been filed for similar relief before respondent No.4 in Appeal No.1/2024-2025. If that - 4 - NC: 2025:KHC:11286 WP No. 7859 of 2025 be so, it is for respondent No.4 to consider the said appeal on merits and pass necessary orders as expeditiously as possible. 4. It would not be for the petitioner to file two separate proceedings, one before respondent No.4 and one before this court for consideration of the very same matter. Hence directing respondent No.4 to consider the appeal filed in Appeal No.1/2024-25 in an expeditious manner, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 3 Sl No.: 1