- 1 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.24200 OF 2024 (CS-RES) C/W WRIT PETITION NO.25725 OF 2023 (CS-RES), WRIT PETITION NO.23000 OF 2024 (CS-RES) IN W.P. NO.24200 OF 2024 BETWEEN: PRAKASH M.K. S/O. KUMARASWAMY M.G. AGED ABOUT 61 YEARS, MADIHALLI, K.R. BADAVANE POST, THIPATURU TALUK, TUMAKURU DISTRICT – 572201. ... PETITIONER (BY SRI SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, M.S. BUILDINGS, BANGALORE-560 001. 2. MADIHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., MADIHALLI VILLAGE, THIPATURU TALUK TUMAKURU DISTRICT-572201 REPRESENTED BY ITS SECRETARY. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 3. TUMAKURU DISTRICT MILK PRODUCERS SOCIETIES UNION LTD., MALLASANDRA TUMAKURU-572101 REPRESENTED BY ITS MANAGING DIRECTOR. 4. KARANATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., KMF COMPLEX, PB NO.2915, DR. M.H. MARIGOWDA ROAD, BENGALURU-560029. REPRESENTED BY ITS MANAGING DIRECTOR. (RESPONDENT NO.2 TO 4 ARE KARNATAKA CO-OPERATIVE SOCIETIES REGISTRATION ACT-1956) … RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R-1; SRI SUMANTH L. BHARADWAJ, ADVOCATE FOR R-4; R-2 AND R-3 – SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION LETTER DATED 23.08.2024 BEARING NO.AAMUMSA/330/ADALITA/2024 PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-D; TO STRIKE DOWN SECTION 18B(iii) OF KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959, INSERTED BY THE ACT NO.35/2014 BY DECLARING THE SAME AS ILLEGAL AND ARBITRARY AND UNCONSTITUTIONAL. IN W.P. NO.25725 OF 2023 BETWEEN: ANAND KUMAR S/O. PATALAPPA, AGED ABOUT 45 YEARS, R/O JINKEBACHEHALLI VILLAGE, - 3 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 KASABA HOBLI, DODDABALAPURA TQ. BENGALURU RURAL DIST-561203. ... PETITIONER (BY SRI DEVI PRASAD SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., DR. MARIGOWDA ROAD, BANGALORE-560029 BY ITS MANAGING DIRECTOR. 3. BANGALORE URBAN BANGALORE RURAL AND RAMANAGARA DISTRICT, CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION DR. M.H. MARIGOWDA ROAD, BANGALORE-560029 REPRESENTED BY ITS MANAGING DIRECTOR. (RESPONDENT NO.2 AND 3 ARE REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) … RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R-1; SRI SUMANTH L. BHARADWAJ, ADVOCATE FOR R-2; SRI B.L. SANJEEV, ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE COMMUNICATION DATED 06.11.2023 ISSUED BY THE - 4 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 RESPONDENT NO.2 IN NO.302/A.MA.SA/ADALITH-8/2023 IS HEREWITH PRODUCED AS ANNEXURE-D; DIRECTION DECLARING THAT THE COMMUNICATION PASSED BY THE 2ND RESPONDENT ON 06.11.2023 AT ANNEXURE-D SHALL NOT HAVE ANY EFFECT ON THE PETITIONER AND THE PLACE OF THE PETITIONER IN THE BOARD OF THE RESPONDENT NO. 2 FEDERATION HAVE NOT BECOME VACANT NOT WITHSTANDING THE PASSING OF THE ORDER DATED 06.11.2023 AT ANNEXURE-D HEREIN AND ETC. IN W.P. NO.23000 OF 2024 BETWEEN: SRI SHAILA BHIMANAGOWDA PATIL S/O. BHIMANGOWDA PATIL, AGED ABOUT 61 YEARS, DIRECTOR OF KARNATAKA MILK FEDERATION, R/AT KMF COMPLEX, PB NO.2915, DR. M.H. MARIGOWDA ROAD, BENGALURU-560029. ... PETITIONER (BY SRI SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KARNATAKA, M.S. BUILDINGS, BANGALORE-560 001. 2. NIDONI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., NIDONI VILLAGE, BABALESHWARA TALUK, VIJAYAPURA DISTRICT-586101, REP. BY ITS SECRETARY. - 5 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 3. VIJAYAPURA AND BHAGALKOTE DISTRICT MILK PRODUCERS SOCIETIES UNION LTD., NEAR BHOOTHANALU TANK, VIJAYAPUR-586101, REP. BY ITS MANAGING DIRECTOR. 4. KARNATAKA CO-OPERATIVE MILK PRODUCERS FEDERATION LTD., KMF COMPLEX, PB NO.2915 DR. M.H. MARIGOWDA ROAD, BENGALURU-560029, MANAGING DIRECTOR. (KARNATAKA CO-OPERATIVE SOCIETIES REGISTRATION ACT-1956 – R2 TO R4) ... RESPONDENTS (BY SRI SIDHARTH BABU RAO, AGA FOR R-1; SRI SANTOSH S. NAGARALE, ADVOCATE FOR R-3; SRI SUMANTH L. BHARADWAJ, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION LETTER DATED 17.08.2024 BEARING NO.2433/ADMINISTRATIVE-01/2024 PASSED BY RESPONDENT NO.4 VIDE ANNEXURE-D; TO STRIKE DOWN SECTION 18B(i) OF KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959 INSERTED BY THE ACT NO.35 OF 2014 BY DECLARING THE SAME AS ILLEGAL AND ARBITRARY AND UNCONSTITUTIONAL. THESE WRIT 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 - 6 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 ORAL ORDER The petitioner in WP No.24200/2024 has sought for the following reliefs: (a) Issue a Writ of Certiorari quashing the communication letter dated 23.08.2024 bearing No.AaMumSa/330/Adalita/2024 passed by Respondent No.4 vide Annexure- D. (b) To strike down Section 18B(iii) of Karnataka Co-operative Societies Act- 1959, inserted by the Act No.35 of 2014 by declaring the same as illegal and arbitrary and unconstitutional. (c) Issue any writ or order or direction as this Hon’ble court deems fit under the circumstances of the case, in the interest of justice and equity. 2. The petitioner in WP No.25725/2023 has sought for the following reliefs: a) Issue a Writ in the nature of certiorari quashing the communication dated 06/11/2023 issued by the respondent no 2 in No.302/A.MA.SA/ADALITH-8/2023 is herewith produced as Annexure-D. - 7 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 b) Issue any appropriate writ or order or direction declaring that the communication passed by the 2nd respondent on 06.1.2023 at Annexure-D shall not have any effect on the petitioner and the place of the petitioner in the Board of the Respondent No.2 federation have not become vacant, notwithstanding the passing of the order dated 006.11.2023 at Annexure-D herein; and c) Consequently, issue any other appropriate writ or order or direction directing the respondents 2 and 3 herein not to take any action to fill the place of the petitioner in the Board of the Respondent No. 2 federation, till the completion of his term, notwithstanding passing of the communication dated 06.11.2023 at Annexure- D herein; and d) Grant any other reliefs as deemed fit by this Hon’ble Court in the facts and circumstances of the case including awarding of the cost, in the interest o justice and equity.” 3. The petitioner in WP No.23000/2024 has sought for the following reliefs: a) Issue a Writ of Certiorari quashing the communication letter dated 17.08.2024 bearing - 8 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 No.2433/Administrative-01/2024 passed by Respondent No.4 vide Annexure-D. b) To strike down Section 18B(i) of Karnataka Co- operative Societies Act- 1959, inserted by the Act No.35 of 2014 by declaring the same as illegal and arbitrary and unconstitutional. c) Issue any writ or order or direction as this Hon’ble court deems fit under the circumstances of the case, in the interest of justice and equity. 4. The petitioner has challenged the constitutional validity of Section 18B of the Karnataka Co-Operative Societies Act, 1959 (‘the KCS Act, 1959’ for short) declaring the same as illegal, arbitrary and unconstitutional. 5. The Division Bench of this Court in the case of Sri. H.S. Mohan Reddy Vs. The State of Karnataka, Department of Co-Operation and others1 (Mohan Reddy) has upheld the validity of Section 18(B) of the KCS 1 WP No.2710/2020 D.D. 19.04.2022 - 9 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 Act, 1959 and has held at paragraph Nos.66 and 90 as under: “66. Section 18B of the Act, is a provision, which comes into play in the event of a situation, which is quite frequent and common in the working of Co-operative Societies in the pyramidical structure. The provision fundamentally ensures that the pyramidical structure that is envisaged for the better management of the entire chain of Co- operative Societies is not polluted and a provision which is designed to provide for a democratic, autonomous and professional management of a Co- operative Society cannot be held to be offensive of any of the fundamental rights which are provided in Part. x x x 90. We, thus hold that Section 18B and Section 31 of the KCS Act are not violative of Article 19(1)(c) of the Constitution and are legal and valid.” 6. The validity of Section 18(B) of the KCS Act, 1959 having been upheld in Mohan Reddy’s case, the present writ petitions are dismissed as devoid of merits. - 10 - NC: 2025:KHC:5730 WP No. 24200 of 2024 C/W WP No. 25725 of 2023, WP No. 23000 of 2024 In the light of the dismissal of the petition, pending application, if any, would not survive, stands disposed of. Sd/- ________________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 40