- 1 - NC: 2025:KHC:4091 WP No. 40414 of 2019 C/W WP No. 23138 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 40414 OF 2019 (CS-RES) C/W WRIT PETITION NO. 23138 OF 2019 (CS-RES) IN WP No. 40414/2019 BETWEEN: 1. SRI. H. APPAIAH, S/O. DODDA HANUMANTHARAYAPPA, AGED ABOUT 73 YEARS, R/O. NO.2, HADONAHALLI AT AND POST, TUBAGERE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 205. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI.H.N.BASAVARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE CO-OPERATIVE ELECTION COMMISSIONER 3RD FLOOR, TTMC, "A" BLOCK, K.H. ROAD, SHANTHINAGARA, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4091 WP No. 40414 of 2019 C/W WP No. 23138 of 2019 BENGALURU - 560 027. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU - 560 001. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION, BENGALURU - 560 001. 5. THE KARNATAKA MILK FEDERATION BY ITS MANAGING DIRECTOR, DR. M.H. MARIGOWDA ROAD, BENGALURU DAIRY COMPLEX, BENGALURU - 560 029. 6. THE MANAGING DIRECTOR, BENGALURU URBAN, BENGALURU RURAL AND RAMANAGARA DISTRICTS CO OPERATIVE MILK PRODUCERS SOCIETIES UNION, DR. M. H. MARIGOWDA ROAD, D.R. COLLEGE POST, BENGALURU DAIRY COMPLEX, BENGALURU - 560 029. 7. HADONAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, BY ITS SECRETARY OR CHIEF EXECUTIVE OFFICER, HADONAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 205. 8. JINKEBACHAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, BY ITS SECRETARY OR CHIEF EXECUTIVE OFFICER, - 3 - NC: 2025:KHC:4091 WP No. 40414 of 2019 C/W WP No. 23138 of 2019 JINKEBACHAHALLI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203. 9. SRI. ANANDA KUMAR, S/O. B. C. PATALAPPA, AGED ABOUT 42 YEARS, R/AT JINKEBACHAHALLI VILLAGE, VEERAPURA POST, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203. …RESPONDENTS (BY SRI. SIDHARTH BABURAO., AGA FOR R1, R3 & R4; SRI.KIRAN KUMAR T.L., ADVOCATE FOR R-2; SRI.PRASANNA B.R., ADVOCATE FOR R-5; SRI.B.L.SANJEEV, ADVOCATE FOR R-6; SRI.S.NAGARAJA, ADVOCATE FOR R-7; SRI.VARUN J PATIL, ADVOCATE FOR R-9; R-8 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DTD 30.7.2019 ISSUED BY THE R-1 AS PER ANNEXURE-M AND ETC., IN WP NO. 23138/2019 BETWEEN: 1. SRI H APPAIAH, S/O DODDA HANUMANTHARAYAPPA, AGED ABOUT 73 YEARS, R/O NO.2, HADONAHALLI AT & POST, TUBAGERE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 205. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) ...PETITIONER - 4 - NC: 2025:KHC:4091 WP No. 40414 of 2019 C/W WP No. 23138 of 2019 (BY SRI.H.N.BASAVARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO OPERATION, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE CO OPERATIVE ELECTION COMMISSIONER, 3RD FLOOR, TTMC, A BLOCK, K H ROAD, SHANTHINAGARA, BENGALURU - 560 027. 3. THE REGISTRAR CO OPERATIVE SOCIETIES, IN KARNATAKA, NO.1, ALI ASKAR ROAD, BENGALURU - 560 001. 4. THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES, BENGALURU REGION, BENGALURU - 560 001. 5. THE DEPUTY REGISTRAR OF CO OPERTIVE SOCIETIES , BENGALURU RURAL DISTRICT, BENGALURU - 560 001. 6. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES, DODDABALLAPUR SUB DIVISION, DODDABALLAPUR, BENGALURU RURAL DISTRICT - 561 203. 7. THE KARNATAKA MILK FEDERATION BY ITS MANAGING DIRECTOR, DR M H MARIGWODA ROAD, BENGAURU DAIRY COMPLEX, BENGALURU - 560 029. - 5 - NC: 2025:KHC:4091 WP No. 40414 of 2019 C/W WP No. 23138 of 2019 8. THE MANAGING DIRECTOR, BENGALURU URBAN, BENGALURU RURAL & RAMANAGARA DISTRICT COOPERTIVE MILK PRODUCERS SOCIETIES UNION, DR H MARIGOWDA ROAD, D RCOLLEGE POST, BENGALURU DAIRY COMPLEX, BENGALURU - 560 029. 9. THE DISTRICT ELECTION OFFICER, BENGALURU URBAN , BENGALURU RURAL & RAMANAGARA DISTRICTSCOOPERATIVE MILK PRODUCERS SOCIETIES UNION, DRM H MARIGOWDA ROAD, D.R.COLLEGE POST, BENGALURU DAIRY COMPLEX, BENGALURU - 560 029. 10. HADONAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY, BY ITS SECRETARY OR CHIEF EXECUTIVE OFFICER, HADONAHALLI VILLAGE, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT - 561 205. 11. JINKEBACHAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY, BY ITS SECRETARY OR CHIEF EXECUTIVE OFFICER, JINKEBACHAHALLI VILLAGE, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT - 561 203. 12. SRI ANANDA KUMAR, S/O B C PATALAPPA, AGED ABOUT 42 YEARS, R/O JINKEBACHAHALLI VILLAGE, VEERAPURA POST, - 6 - NC: 2025:KHC:4091 WP No. 40414 of 2019 C/W WP No. 23138 of 2019 KASABA HOBLI, DODDABALLAPUR TALUK, BENGALRU RURAL DISTRCT - 561 203. ...RESPONDENTS (BY SRI. SIDHARTH BABURAO., AGA FOR R1, R3 TO R6; SRI. T.L. KIRAN KUMAR, ADV. FOR R-2; SRI. K.RAMACHANDRA., ADV. FOR R-7, R-9, R-10, R-11 SERVED; SRI.B.L.SANJEEV, ADV. FOR R-8; SRI.VARUN J PATIL, ADV. FOR R-12) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DATED 05.02.2019 ISSUED BY THE R-1 AS PER ANNEXURE-K IN SO FAR AS R-12 FIGURED AT SL.NO.1 IS CONCERNED DECLARING THAT THE NOMINATION NOMINATING R-12 AS A NON-OFFICIAL MEMBER TO THE MANAGING COMMITTEE OF R-1 SOCIETY IS VOID AB INITIO AS THE GOVERNMENT LACKS INHERENT JURISIDICTION TO MAKE SUCH NOMINATION IN VIEW OF CLEAR EMBARGO AVAILABLE U/S 28-A(4-B)(1) OF THE KARNATAKA CO-OPERATIVE SOCIEITES ACT, 1959 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER Learned counsel for the petitioners submits that petitions have been rendered infructuous, as the prayer in the writ petitions as spend its time. - 7 - NC: 2025:KHC:4091 WP No. 40414 of 2019 C/W WP No. 23138 of 2019 2. Submission is placed on record. 3. In view of the submission, the writ petitions stands dismissed as having become infructuous. Sd/- ________________________ JUSTICE K.S. HEMALEKHA KVR List No.: 2 Sl No.: 10