- 1 - NC: 2025:KHC:5919 WP No. 24855 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.24855 OF 2024 (CS-RES) BETWEEN: SMT. JYOTHI FLORINE D’SOUZA W/O. LATE VINOD D RODRIGUES AGED ABOUT 43 YEARS, CHIEF EXECUTIVE OFFICER, PRIMARY AGRICULTURE CREDIT CO-OP SOCIETY KUDUVALLI, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR-577 101. ... PETITIONER (BY SRI SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU-560 001 REPT. BY ITS PRINCIPAL SECRETARY. 2. ASSISTANT REGISTRAR OF CO-OP SOCIETIES CHIKMAGALUR-577 101. 3. C.D. BHAVANI SHANKAR S/O. DUGGEGWODA C.S. AGED ABOUT 52 YEARS, PRESIDENT, R/O. CHITHUVALLI (V), KELAGURU (P) CHIKMAGALUR TALUK AND DISTRICT-577101. 4. K.J. SATHSIH S/O. JAYADEVAPPA K.S. AGED ABOUT 45 YEARS, VICE-PRESIDENT, R/O. KUDUVALLI (V) AND (P) CHIKMAGALUR TALUK AND DISTRICT-577101. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5919 WP No. 24855 of 2024 5. D.J. SURESH S/O. JANEGOWDA AGED ABOUT 51 YEARS, DIRECTOR, R/O. DINNEKERE (V), KUDUVALLI (P), CHIKMAGALUR TALUK AND DISTRICT-577101. 6. S.D. UMESH S/O. DINNE GOWDA AGED ABOUT 51 YEARS, DIRECTOR, R/O. SHIRAVALALU (V), VASTHARE (P), CHIKMAGALUR TALUK AND DISTRICT-577101. 7. V.D. KOUSHIK S/O. DHARMEGOWDA V.S. AGED ABOUT 36 YEARS, DIRECTOR, R/O. VALAGERAHALLI (V) HALASUMANE (P) CHIKMAGALUR TALUK AND DISTRICT-577101. 8. V.G. MADHUSUDAN S/O. GANGADHAR V.D. AGED ABOUT 48 YEARS, DIRECTOR, R/O. VASATARE (V) AND (P) CHIKMAGALUR TALUK AND DISTRICT-577101. 9. V.K. ARAVINDA S/O. KUMAREGOWDA V.B. AGED ABOUT 36 YEARS DIRECTOR, R/O. KUDUVALLI (V)AND (P) CHIKMAGALUR TALUK AND DISTRICT-577 101. 10. K.E. UMESH S/O. ERACHAR AGED ABOUT 41 YEARS, DIRECTOR, R/O. KUDUUVALLI (V) AND (P) CHIKMAGALUR TALUK AND DISTRICT. 11. B.S. AKSHATHA W/O. POORNESH D.S. - 3 - NC: 2025:KHC:5919 WP No. 24855 of 2024 AGED ABOUT 42 YEARS DIRECTOR, R/O. DINNEKERE (V) KUDUVALLI (P) CHIKMAGALUR TALUK AND DISTRICT-577101. 12. A.U. ANITHA W/O. RAJAKUMAR A.C. AGED ABOUT 41 YEARS, DIRECTOR, R/O. ARANEHALLI, HALASUMANE (P) CHIKMAGALUR TALUK AND DISTIRCT-577101. 13. H.C. RAMESH S/O. CHANNAYYA H.P. AGED ABOUT 43 YEARS, DIRECTOR, R/O HALASUMANE (V) AND (P) CHIKMAGALUR TALUK AND DISTRICT-577101. 14. A.S. PRASHANTH S/O. SOMEGOWDA AGED ABOUT 38 YEARS, DIRECTOR, R/O. ARENAHALI (V), HALASUMANE (P) CHIKMAGALUR TALUK, CHIKKAMAGALUR-577101. 15. THE SUPERVISOR DCC BANK BAJAR BRANCH CHIKKAMAGALUR-577101. 16. PRIMARY AGRICULTURE CREDIT CO-OP SOCIETY, KUDUVALLI, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR-577101. ... RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1 & R-2; SRI VARUN J. PATIL, ADVOCATE FOR R-3, R-4, R-6, R-7, R-8, R-11 R-13 & R-16; R-5, R-9, R-10, R-12, R-14 & R-15 SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARING THAT THE ACTION F THE 2ND RESPONDENT PASSING IMPUGNED ORDER DATED 31.08.2024 IN DISPUTE NO.AR-26/DDS/01/24-25 AS PER - 4 - NC: 2025:KHC:5919 WP No. 24855 of 2024 ANNEXURE-E, WITHOUT HEARING IN CONTRAVENTION OF PRINCIPLES OF THE NATURAL JUSTICE IS NONEST AND VOID VOILATIVE OF ARTICLE 14 OF THE CONSTITUTION OF INDIA; QUASHING THE ORDER DATED 31.08.2024 IN DISPUTE NO.AR- 26/DDS/01/2024-2 AS PER ANNEXURE-E IS ARBITRARY AND UNCONSTITUTIONAL 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 The petitioner has called in question the order passed by the second respondent Assistant Registrar of Cooperative Society (ARCS for short) dated 31.08.2024 at Annexure ‘A’ wherein the respondent No.2 by the impugned order vacates the interim order granted in favour of the petitioner. 2. The petitioner had approached the ARCS by raising a dispute under Section 70 challenging the subject No.4 of resolution dated 20.04.2024, wherein it was resolved to cancel the promotion of the petitioner as CEO. The ARCS by an order dated 29.05.2024 granted stay of the resolution dated 20.04.2024 by passing a detailed order. On appearance of the society and on filing of an - 5 - NC: 2025:KHC:5919 WP No. 24855 of 2024 application for vacating of the interim order the ARCS allowed the application for vacating and vacated the interim order. 3. Learned counsel for the petitioner brings to the notice of this Court the relevant portion of the proceedings before the ARCS at Annexure ‘E’ and contends that the impugned order of vacating was without affording an opportunity of hearing to the petitioner and not a speaking order. 4. Learned counsel appearing for the respondent fairly submits that the impugned order is passed without hearing the petitioner. 5. Perusal of the impugned order dated 31.08.2024 clearly indicates the non-application of mind by the ARCS. The challenge was by raising a dispute under Section 70 against the resolution passed for removal of the petitioner from the post of CEO. If the interim order would be vacated in such a manner it would be as good as - 6 - NC: 2025:KHC:5919 WP No. 24855 of 2024 the petitioner being confirmed with the order of removal from the post of CEO. The ARCS while vacating the interim order ought to have afforded an opportunity to the petitioner to put forth his contention. Without giving any opportunity the impugned order being passed is violative of the principles of natural justice. The second respondent who acts as a quasi-judicial authority ought to have applied its mind and based upon the subjective satisfaction with reference to the existing facts and then could have passed the impugned order and not in the manner in which it is passed under the order dated 31.08.2024 making this Court to interfere and this Court pass the following order. ORDER (a) The writ petition is allowed. (b) The impugned order dated 31.08.2024 is set aside. (c) The interim order granted by the ARCS on 29.05.2024 stands continued till the - 7 - NC: 2025:KHC:5919 WP No. 24855 of 2024 consideration of the dispute before the ARCS- respondent No.2. (d) Prayer ‘C’ sought by the petitioner, it is for the petitioner to take appropriate action in accordance with law. (e) No opinion is expressed on the merits or demerits of this case. (f) ARCS - respondent No.2 to conclude the proceedings as expeditiously as possible. Sd/- ________________________ JUSTICE K.S. HEMALEKHA YKL List No.: 1 Sl No.: 26