- 1 - NC: 2025:KHC:1401 WP No. 23860 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.23860 OF 2024 (CS-RES) BETWEEN: 1. M.V. MAYANNA, S/O M.V. VENKATAPPA, AGED ABOUT 45 YEARS, R/AT PRESIDENT, SREE LAKSHMI NARASIMHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MALAVALLI TOWN, KOTE BEEDI - 571 430, MANDYA DISTRICT. 2. SIDDARAJU S, S/O SIDDE GOWDA, AGED ABOUT 36 YEARS, 3. M.C. RAMESH, S/O LATE CHOWDAIAH, AGED ABOUT 64 YEARS 4. NAGANNA, S/O SANNAPPA, AGED ABOUT 60 YEARS, 5. NANDHINI M.S, W/O ANANDA, AGED ABOUT 36 YEARS, 6. M. MALLIKAJUN SWAMY, S/O MADAIAH, Digitally signed by YAMUNA K L Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1401 WP No. 23860 of 2024 AGED ABOUT 62 YEARS, 7. DUNDDAMMA, W/O LATE NANJUNDE GOWDA, AGED ABOUT 65 YEARS, PETITIONERS NO.2 TO 7 ARE THE DIRECTORS OF SREE LAKSHMI NARASIMHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD., MALAVALLI TOWN, KOTE BEEDI - 571 430, MANDYA DISTRICT. …PETITIONERS (BY SRI. PRUTHVI WODEYAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, DEPARTMENT OF COOPERATION, M.S. BUILDING, BANGALORE - 560 001, BY ITS SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALORE - 560 052. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA - 571 401, 4. M.H. PREM KUMARI, W/O T. SRINIVAS, AGED ABOUT 47 YEARS, CHIEF EXECUTIVE OFFICER (SUSPENDED), SREE LAKSHMI NARASIMHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE - 3 - NC: 2025:KHC:1401 WP No. 23860 of 2024 SOCIETY LTD., MALAVALLI TOWN, KOTE BEEDI - 571 430, MANDYA DISTRICT. …RESPONDENTS (BY SRI. SIDHARTH BABU RAO, AGA FOR R1 TO R3; SRI. DEVIPRASAD SHETTY, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.07.2024 IN NO.AR39/DDS/04/2024-25 PASSED BY THE R-3 VIDE ANNX-K AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER 1. The petitioners have called in question to quash the notice dated 07.08.2024 issued by respondent No.3. Respondent No.3 issued show cause notice at Annexure- L for initiation of disqualification proceedings on the petitioner No.1 only based on the complaint given by the respondent No.4 and notice issued at Annexure-P dated 07.01.2025 issued during the pendency of this writ petition. - 4 - NC: 2025:KHC:1401 WP No. 23860 of 2024 2. Learned counsel for the petitioners submits that petitioner No.1 is one of the aspirant to contest in the election to the Primary Co-operative Agricultural and Rural Development Bank Ltd., Malavalli taluk (herein after referred to as “PCARD Bank” for short) for the elections scheduled on 25.01.2025, respondent No.3 has issued one more notice under Section 29C of the Karnataka Co- operative Societies Act, 1959 with malafide intention to see that petitioner No.1 is disqualified from contesting the election. The impugned notice at Annexure-L being stayed by this Court in this petition, respondent No.3 is initiating the proceedings by issuing notice at Annexure-P directing petitioner No.1 to appear on 17.01.2025, which notice also needs to stayed by this Court. 3. Perusal of the notices at Annexure-L and P, is nothing but a show cause notice issued calling upon petitioner No.1 to show cause as to why disqualification cannot be issued against him for the acts stated in the notice. Respondent No.3 has not arrived at any conclusion - 5 - NC: 2025:KHC:1401 WP No. 23860 of 2024 for disqualification, nor there is any such predetermination for the Court to interfere in the writ jurisdiction in the purported show cause notices. Show cause notices, impugned in this petition, would be adjudicated on its own merits. The notice issued at Annexure-P directing petitioner No.1 to appear on 17.01.2025 would caused prejudice to the interest of petitioner No.1 as he is contesting in an election which is scheduled on 25.01.2025. 4. Petitioner No.1 to make his appearance before respondent No.3 on 27.01.2025 and submit objection to the notice at Annexure-L and P, respondent No.3 to adjudicate the matter on merits by affording sufficient and reasonable opportunity to petitioner No.1 and proceed to pass appropriate orders in accordance with law within outer limit of 30 days from the date of appearance, with the said observation the writ petition stands disposed of. 5. All the contentions are kept open. - 6 - NC: 2025:KHC:1401 WP No. 23860 of 2024 6. No opinion is expressed on the merits or demerits of the case, if any, it is only to the extent of disposing this petition. Sd/- (JUSTICE K.S. HEMALEKHA) AT List No.: 1 Sl No.: 20 CT: BHK