- 1 - NC: 2025:KHC:8923 WP No. 24427 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 24427 OF 2024 (CS-RES) BETWEEN: SRI. GOVINDARAJU B H, SON OF HONNAGIRI GOWDA AGED 37 YEARS, HOUSE NO.51, BOMMANAHALLI, BG NAGAR POST, BELLUR HOBLI, NELAMANGALA TALUK, MANDYA DISTRICT – 571 448. …PETITIONER (BY SRI. GURU PRASANNA S.,ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, VIKASA SOUDHA AMBEDKAR VEEDHI BANGALORE – 560 001. 2. MANAGEMENT COMMITTEE, KALINGANAHALLI PRATHAMIKA KRUSHI PATTHINA SAHAKARA SANGHA LTD., KALINGANAHALLI, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT – 571 418. AS PER THE ORDER DATED 09.09.2024 BELOW PARTIES ARE IMPLEADED AS RESPONDENT NO.3 TO 14. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8923 WP No. 24427 of 2024 3. JAYANNA S/O CHIKKARAMANNA AGED MAJOR PRESIDENT, R/O BETTADAKOTE VILLAGE, BELAGUNDA POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 418. 4. GURUSWAMY S/O HANUMAIAH, AGED MOJOR VICE-PRESIDENT, R/O BELAGUNDA VILLAGE, BELAGUNDA POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT- 571 418. 5. RAMA D S/O DASAPPA AGED MAJOR R/O BELAGUNDA VILLAGE, BELAGUNDA POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 418. 6. CHIKKANNA S/O DODDAGANGANNA, AGED MAJOR R/O BETTADAKOTE VILLAGE, BELAGUNDA POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT- 571 418. 7. SOMESHA S/O HANUMAIAH, AGED MAJOR R/O BHYRASANDRA VILLAGE, - 3 - NC: 2025:KHC:8923 WP No. 24427 of 2024 BELAGUNDA POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT- 571 418. 8. BHAGYA W/O PRAKASHA H D., AGED MAJOR R/O HATNA VILLAGE, BELAGUNDA POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT- 571 418. 9. SURESHA H C, S/O CHIKKARAMANNA, AGED MAJOR R/O HOSUR VILLAGE, KALINGANAHALLI POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 418. 10. MOHAN KUMAR K M, S/O MOODALAGIRIGOWDA AGED MAJOR R/O KAVALAGUNDI VILLAGE, KALINGANAHALLI POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 418. 11. RANGAMMA W/O SHIVANNA, R/O KALINGANAHALLI VILLAGE, KALINGANAHALLI POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571 418. 12. RAJU W/O THIMMAIAH, - 4 - NC: 2025:KHC:8923 WP No. 24427 of 2024 AGED MAJOR R/O DODDAGUNI VILLAGE, KALINGANAHALLI POST, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT- 571 418. 13. NARENDRABABU N S/O SATHYANARAYANA, AGED MAJOR R/O VADERAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT- 571 418. 14. SUNIL KUMAR N R AGED MAJOR SUPERVISOR, DEVALAPURA CIRCLE, MDCCB, NAGAMANGALA, NAGAMANGALA TALUK, MANDYA DISTRICT- 571 445. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, SRI. B RAMESH, ADVOCATE FOR R4-R8 AND R10, R2 AND R14 - SERVED AND UNREPRESENTED, SRI. K MOHAN KUMAR, ADVOCATE FOR R3, R9, R11 TO R13) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING SETTING ASIDE THE IMPUGNED RESOLUTION DTD 12.08.24 OF THE R2 (ANNEXURE-A), THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA - 5 - NC: 2025:KHC:8923 WP No. 24427 of 2024 ORAL ORDER The petitioner is seeking to quash the impugned resolution dated 12.08.2024 issued by respondent No.2 reliving the petitioner from his duties as Chief Executive Officer (CEO) of the Kalinganahally Prathamika Krushi Patthina Sahakara Sangha Limited-the Co-Operative Society (hereinafter referred to as ‘Society’). 2. The petitioner was initially employed as the financial/marketing clerk in the society, upon the death of the CEO Manje Gowda in the month of December, 2023 the petitioner was appointed as a CEO of the society through an unanimous resolution by the managing committee on 08.12.2023. The Assistant Registrar of Co- operative Society, Pandavapura (ARCS) confirmed the petitioner’s appointment vide order dated 18.12.2023. Further, the managing committee confirmed the petitioner’s appointment through a resolution on 29.02.2024. - 6 - NC: 2025:KHC:8923 WP No. 24427 of 2024 3. Based on a complaint received by the ARCS regarding the petitioner’s appointment as CEO, a show cause notice came to be issued to the petitioner and to the president of the managing committee. 4. It is contended by the petitioner that pending the complaint for consideration, the members of the managing committee in the absence of the president’s presence called a meeting on 03.08.2024 and later, by a resolution on 12.08.2024 removed the petitioner as a CEO of the society. It is contended that the decision to remove the petitioner was not based on merit or his performance and overturns the earlier decision wherein the petitioner’s appointment was affirmed. It is submitted that there being no allegation of misconduct or malpractice against the petitioner, there was no valid reason to direct removal of the petitioner as a CEO. 5. Learned counsel appearing for respondent Nos.4 to 8 contends that the petitioner, initially a financial assistant, was made in charge as CEO on a temporary - 7 - NC: 2025:KHC:8923 WP No. 24427 of 2024 basis through a resolution dated 08.12.2023 upon the death of the previous CEO, Manje Gowda. It is submitted that the resolution dated 12.08.2024, the petitioner’s appointment as CEO, was rejected by 7 out of the 12 directors and officially appointed a senior employee as a CEO by majority votes. 6. It is also brought to the notice of this Court that the term of the managing committee expired on 19.01.2025 and a new managing committee formation is in progress and a resolution is passed in the meeting to schedule the election. The petitioner’s appointment as CEO was only on a temporary basis, and he cannot claim his appointment to be on a permanent basis without following Rules 17 and 18 of the Karnataka Co-Operative Societies Rules, 1960 (‘Rules’ for short). 7. This Court has carefully considered the rival contentions urged by the learned counsel for the parties and perused the material on record. - 8 - NC: 2025:KHC:8923 WP No. 24427 of 2024 8. The petitioner was appointed on a temporary basis through a resolution dated 08.12.2023 as a CEO of the society upon the death of the previous CEO. The appointment of the petitioner cannot be termed as permanent appointment, as per Rules 17 and 17A, which specify the eligibility criteria for appointment and the appointment process for the CEO has been laid down in Rule 18 of the Rules which lays down the requirement of a selection committee for appointment. The appointment of the petitioner being not in terms of Rules 17 and 17A or 18, the petitioner cannot seek to continue his appointment as a CEO. The impugned resolution is subsequent to the quorum of 7 out of 12 directors rejecting the petitioner’s appointment as CEO. The board had not constituted any recruitment/selection committee for the recruitment/ promotion of CEO/Secretary to the society and finding the petitioner's appointment illegal, the impugned resolution by the directors was passed on 12.08.2024 rejecting the petitioner’s appointment as CEO. There is no infirmity in the impugned resolution warranting any interference. - 9 - NC: 2025:KHC:8923 WP No. 24427 of 2024 9. Resultantly, this Court pass the following: ORDER i. The writ petition is dismissed as devoid of merits. ii. Society to take necessary measure to fill up the post of CEO in accordance with law. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 22