- 1 - NC: 2025:KHC:16574 WP No. 11492 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11492 OF 2025 (CS-EL/M) BETWEEN: 1. CHIEF EXECUTIVE OFFICER BETHANAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD BETHANAGERE DASANAPURA HOBLI, BENGALURU NORTH TALUK BENGALURU URBAN DISTRICT 562162 (REGISTERED UNDER THE PROVISIONS OF KCS ACT 1959) 2. PRESIDENT BETHANAGERE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD BETHANAGERE DASANAPURA HOBLI, BENGALURU NORTH TALUK BENGALURU URBAN DISTRICT 562162 …PETITIONERS (BY SRI. T DADAKHALANDAR., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION 6TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU 560001 BY ITS ADDITIONAL CHIEF SECRETARY 2. ASSISTANT REGISTRAR OF CO-OP SOCIETIES, II CIRCLE, BENGALURU URBAN DISTRICT NO. 143, SAHAKARA SOUDHA II FLOOR, 8TH CROSS, MALLESWARAM, BENGALURU -560003 3. BENGALURU URBAN, RURAL AND R Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16574 WP No. 11492 of 2025 RAMANAGARA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD DR. M.H. MARIGOWDA ROAD DR COLLEGE POST, BENGALURU-560029 BY ITS MANAGING DIRECTOR 4. BENGALURU URBAN, RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD DR. M.H. MARIGOWDA ROAD DR COLLEGE POST, BENGALURU-560029 BY ITS GENERAL MANAGER (PROCUREMENT AND INPUT) 5. RETURNING OFFICER BENGALURU URBAN, RURAL AND RAMANAGARA DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD DR. M.H. MARIGOWDA ROAD DR COLLEGE POST, BENGALURU- 560029 6. CO-OPERATION ELECTION AUTHORITY 3RD FLOOR, TTMC A BLOCK, SHANTHINAGAR, K.H ROAD BENGALURU -560027 BY ITS ELECTION COMMISSIONER …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R1, R2 & R5 SRI T L KIRAN KUMAR, ADVOCATE FOR R6 SRI B L SANJEEV, ADVOCATE FOR R3 & R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT DTD 29.03.2025 BEARING NO. BAMUL/PROC AND INPUT -03/KS -277 VOL A1/2025-26 VIDE ANNX-E AS BAD IN LAW ANS CONSEQUENTLY ISSUE THE NECESSARY DIRECTION TO THE R- 3 AND 4 TO ISSUE A DELEGATION FORM ENABLING THE PETITIONER TO PARTICIPATE IN THE ELECTION PROCESS THROUGH ITS DELEGATEE AND ETC. - 3 - NC: 2025:KHC:16574 WP No. 11492 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “A) Writ of certiorari by quashing impugned endorsement dated 29.3.2025 bearing No.Bamul/Proc & input-03/KS-277 (Vol.1) / 2025-26 vide Annexure E as bad in law and consequently issue the necessary direction to the respondent No.3 & 4 to issue a delegation form enabling the petitioner to participate in the election process through its delegate. B) Pass such other order/s as this Honble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. The first petitioner is the society and the second petitioner is the President of the society. On an earlier occasion when the election process had been commenced, the first petitioner – society had nominated as its delegate its President, the second petitioner herein. The elections scheduled to be held on 28.4.2024 could not be so held on account of the intervening parliamentary elections resulting in the postponing of the elections. Now the elections are stated to be held on - 4 - NC: 2025:KHC:16574 WP No. 11492 of 2025 25.5.2025. It is in that background that the Governing Body held a meeting on 18.2.2025 and a resolution was passed therein nominating one other person than the President to be a delegate of the society in the said elections of the union. The said nomination was rejected by respondent Nos.3 and 4/union on the ground that no change in the delegation can be effected once a delegation has been made by the society vide its endorsement dated 29.3.2025. Challenging the same, the petitioner is before this Court. 3. Sri T.Dadakhalandar, learned counsel for the petitioner would submit that the earlier delegation of the President had been made in the year 2024, the election having been scheduled to be held from 28.4.2025, now that the elections being held in the month of May 2025, the Board of Directors have had a change of mind and as such they have wished to delegate one other person of the Board to be a delegate at the said elections. His submission is that even the President, who was the earlier delegate has acceded to the same and he is a signatory to the resolution passed by the Board on 26.7.2024 nominating - 5 - NC: 2025:KHC:16574 WP No. 11492 of 2025 one Sri Ramesh s/o Byralingaiah on behalf of the society instead of the President. The said exercise of rights by the Board of Directors of the society has been made democratically, there having been 12 number of elected directors, 7 of the Directors have passed the said resolution constituting 2/3rds of the majority of the Board, as such he submits that the said resolution ought to have been accepted by respondent Nos.3 and 4 and permitted to change the delegation. 4. Sri Yogesh D.Naik, learned AGA appearing for the State would submit that once a delegation has been made, delegation cannot be changed. His further submission is that by default, it is the President who is nominated as a delegate, the President having been rightly nominated as a delegate, no change could be made in relation thereto. 5. Heard Sri T.Dadakhalandar, learned counsel for the petitioner and Sri Yogesh D.Naik, learned AGA appearing for the State and perused the papers. 6. The points that would arise for consideration are: i. Can the delegation once made by a co-operative society for the purposes of election of a - 6 - NC: 2025:KHC:16574 WP No. 11492 of 2025 union/federal society, be changed subsequently on a board resolution being passed? ii. What order? 7. I answer the above points as under: 8. Answer to point No.1: Can the delegation once made by a co-operative society for the purposes of election of a union/federal society, be changed subsequently on a board resolution being passed? 9. Section 21(2)(a) of the Karnataka Co-operative Societies Act, 19591 is reproduced hereunder for easy reference: “21. Manner of exercising vote.- (2) Notwithstanding anything contained in sub- section (1),— (a) the committee of a co-operative society which is a member of another co-operative society may appoint one of the members of the committee to vote on its behalf in the affairs of that other society; Provided that where a new board has been elected to a co-operative society, such newly elected board shall send a delegate or nominee to any other co-operative society where it is a member.” 10. A perusal of the above provision would indicate that the Board of a co-operative society, which is a member of another co-operative society may appoint one of the 1 Hereinafter referred to as “KCS Act, 1959’ - 7 - NC: 2025:KHC:16574 WP No. 11492 of 2025 members of the Board to vote on its behalf in the affairs of that society. A perusal of the above provision does not indicate that the default person to be nominated is a President or otherwise. Of course, the default delegate could always be indicated in the by-laws of the society. Be that as it may, in the present case there is no such indication. 11. That being so, in the earlier meeting which was held on 18.2.2024, the President was nominated as a delegate of the petitioner. However, the elections which were scheduled to be held on 28.4.2024 were not held and now are proposed to be held in May, 2025, in the meanwhile a change of delegate has been made. This change of delegate is rejected by respondent Nos.3 and 4 contending that there can be no change of delegation once delegation has been made. 12. There is no complete embargo on change of delegation as contained in the KCS Act, 1959. In fact, sub-section (3) of Section 21 clearly provides for change of a delegate made. - 8 - NC: 2025:KHC:16574 WP No. 11492 of 2025 13. Sub-section (3) of Section 21 is reproduced hereunder for easy reference: “(3) A member once nominated by the board of a Co-operative Society under clause (a) of sub- section (2) to vote on its behalf in any meeting of any other Co-operative Society shall not be changed except by a resolution passed with substantial reasons in a board meeting by a two third majority of the members present and voting in such meeting. However a Co-operative Society shall not nominate or appoint any member of the board to vote on behalf of it in more than two co- operative societies. Explanation.- For the purposes of Section 20 and this section and wherever else it occurs, the word ‘delegate’ means a member of a co-operative society to represent that society in other co- operative society” 14. A reading of said sub-section (3) would indicate that a member once nominated by the Board of a co-operative society under clause (a) of sub-section (2) of Section 21, shall not be changed except by a resolution passed with substantial reasons in a Board meeting by a two third majority of the members present and voting in such meeting. Thus, sub-section (3) of Section 21 clearly provides for change in the delegation albeit accompanied by a resolution passed with 2/3rd majority, the said condition has been satisfied in the present matter. - 9 - NC: 2025:KHC:16574 WP No. 11492 of 2025 15. Such being the case, it could not be for respondent Nos.3 and 4 to have refused a change in delegation by contending that no change in delegation is permissible when the statute in terms of sub-section (3) of Section 21 recognises and provides for such change. 16. As such, I answer point No.1 raised by holding that a delegation once made under Section 21(2)(a) can be changed by following the procedure under sub-section (3) of Section 21 and if such procedure is followed, neither the union/federal society nor any officer of the co- operative department can have any objection thereto. 17. Answer to point No.2: What Order? In view of the above finding, I proceed to pass the following: ORDER i. The writ petition is allowed; ii. A certiorari is issued, the impugned endorsement dated 29.3.2025 bearing No.Bamul/Proc & input- 03/KS-277 (Vol.1)/2025-26 at Annexure-E is quashed; - 10 - NC: 2025:KHC:16574 WP No. 11492 of 2025 iii. Respondent Nos.3 and 4 are directed to consider the delegation in terms of the resolution dated 26.7.2024 passed by the first petitioner – society and take on record the delegate of the first petitioner – society as Sri Ramesh s/o Byralingaiah for the elections proposed to be held in the month of May, 2025. SD/- (SURAJ GOVINDARAJ) JUDGE ND List No.: 2 Sl No.: 6