- 1 - NC: 2025:KHC:1832 WP No. 22130 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.22130 OF 2024 (CS-EL/M) BETWEEN: 1. SOLADEVANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., SOLADEVANAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562130, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETY ACT 1959 2. BASAVARAJA S/O. LATE HANUMAIAH, AGED ABOUT 55 YEARS, PRESIDENT OF DELEGATE OF SOLADEVANAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD., SOLADEVANAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562130. ... PETITIONERS (BY SRI SUNIL KUMAR RAO, ADVOCATE FOR SRI T. SESHAGIRI RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, GOVERNMENT OF KARNATAKA, 6TH FLOOR, 3RD GATE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1832 WP No. 22130 of 2024 2. THE KARNATAKA STATE COOPERATIVE ELECTION AUTHORITY, BMTC BUILDING, 3RD FLOOR, SHANTHINAGARA, BENGALURU-560027, REPRESENTED BY ITS SECRETARY. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKER ROAD, BENGALURU-560052. 4. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES (INDUSTRIAL AND DIARY) NO.1, ALI ASKER ROAD, BENGALURU-560052. 5. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT AND DISTRICT ELECTION OFFICER FOR COOPERATIVE SOCIETIES, KANDAYA BHAVANA, K.G. ROAD, BENGALURU-560001. 6. BENGALURU URBAN, BENGALURU RURAL AND RAMANAGARA DISTRICTS COOPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., HAVING ITS REGISTERED OFFICE AT DR. M.H. MARIGOWDA ROAD, D.R. COLLEGE POST, BENGALURU-560029, REPRESENTED BY ITS MANAGING DIRECTOR. 7. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 3RD ZONE, BENGALURU URBAN DISTRICT, SAHAKARA SOUDHA, MARGOSA ROAD, 8TH CROSS, MALLESHWARAM, BENGALURU-560003 AND RETURNING OFFICER, BENGALURU URBAN, BENGALURU RURAL AND RAMANAGARA DISTRICTS, COOPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., DR. M.H. MARIGOWDA ROAD, - 3 - NC: 2025:KHC:1832 WP No. 22130 of 2024 D.R. COLLEGE POST, BENGALURU-560029. ... RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R-1, R-3, R-4, R-5 & R-7; SRI T.C. KIRAN KUMAR, ADVOCATE FOR R-2; SRI B.L. SANJEEV, ADVOCATE FOR R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE GOVERNMENTS ORDER BEARING NO.CO/34/CLM/2024(E) DATED 13.03.2024 AT ANNEXURE-H, 21.03.2024 AT ANNEXURE-K AND 05.06.2024 AT ANNEXURE-J ONLY AS FAR AS THEY RELATE TO THE DIRECTION TO CONTINUE THE PRESENT BOARD OF THE 6TH RESPONDENT UNION IN OFFICE, TILL THE NEXT ELECTION TO THE BOARD IS HELD AND ETC. THIS WRIT PETITION 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 Petitioner is seeking for the following prayers: “(a) issue a writ of certiorari or any other appropriate writ or order quashing the Governments order bearing No.¹M/34/¹J¯ïJªÀiï/2024(E) dated 13.03.2024 at Annexure-H, 21.03.2024 at Annexure-K and 05.06.2024 at Annexure-J only as far as they relate to the direction to continue the present Board of the 6th respondent Union in office, till the next election to the Board is held; and (b) issue a writ in the nature of mandamus or any other appropriate writ or order directing the 1st, 3rd & 4th respondents herein to appoint an Administrator - 4 - NC: 2025:KHC:1832 WP No. 22130 of 2024 to the 6th respondent Union in term of Section 28- A(5) of the Act and to conduct ensuing election to the Board of the 6th respondent Union under the supervision of the Administrator so appointed; and (c) grant any other relief/s as deemed fit by this Hon’ble Court in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel on both sides submit that the present petition is squarely covered by decision of the Coordinate Bench of this Court in the case of MATTIKERE MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. AND OTHERS VS. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION AND OTHERS1, wherein this Court at paragraph No.5 held as under: “5. In view of the aforesaid facts and circumstances, I deem it just and appropriate to dispose of this petition directing respondent Nos.4 to 6 to take necessary steps for conducting elections of respondent No.5-Society and proceed further in accordance with law, bearing in mind the judgment of this Court in the case of B.GADDURUR MILK 1 WP No.20620/2024 D.D. 01/08/2024 - 5 - NC: 2025:KHC:1832 WP No. 22130 of 2024 PRODUCERS CO-OPERATIVE SOCIETY LTD VS. STATE OF KARNATAKA in WP No.18034/2024 and connected cases dated 11.07.2024.” 3. The present petition stands disposed of in similar terms and this Court pass the following: O R D E R (i) Respondents 5 and 7 are directed to take necessary steps for conducting elections of respondent No.6 – society within a period of two weeks from the date of receipt of a copy of this order. Sd/- ________________________ JUSTICE K.S. HEMALEKHA SS List No.: 1 Sl No.: 64