Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 33302 (KAR)

SRI. MAYAGAIAH, v. MALLURU MILK CO-OPERATIVE

WP/23823/2023 · 2025-03-14

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:10680 WP No. 23823 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.23823 OF 2023 (CS-RES) BETWEEN: SRI.MAYAGAIAH S/O LATE GANGAIAH AGED ABOUT 61 YEARS RESIDENT OF MALLURU VILLAGE SOLURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 562 127 …PETITIONER (BY SRI. V B SHIVA KUMAR, ADVOCATE) AND: 1. MALLURU MILK CO-OPERATIVE SOCIETY LTD., MALLURU VILLAGE SOLURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 562 127 REPRESENTED BY ITS PRESIDENT 2. T.GANGAIAH PRESIDENT MAJOR BY AGE 3. SRI. S T VENKATESH VICE PRESIDENT MAJOR BY AGE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10680 WP No. 23823 of 2023 4. SRI.M.R.SHIVAPPA GOWDA DIRECTOR MAJOR BY AGE 5. SRI.NARASIMHARAJU DIRECTOR, TV MAJOR BY AGE 6. SRI.G.KUMAR DIRECTOR MAJOR BY AGE 7. SRI.RAMAKRISHNAIAH DIRECTOR MAJOR BY AGE 8. SRI.SIDDAPPA DIRECTOR MAJOR BY AGE 9. SRI.M.G.MANJUNATH DIRECTOR MAJOR BY AGE 10. SRI.GANGAIAH MAJOR DIRECTOR 11. SRI.GANGAMMA DIRECTOR MAJOR BY AGE 12. SRI.SHANTHAMMA DIRECTOR MAJOR BY AGE 13. SMT.GEETHA MAJOR - 3 - NC: 2025:KHC:10680 WP No. 23823 of 2023 CHIEF EXECUTIVE OFFICER MALLURU MILK CO-OPERATIVE SOCEITY LTD., ALL ARE RESIDING AT MALLURU VILLAGE SOLURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT - 562 127 14. SRI.S.PRASANNA KUMARI MAJOR RETURNING OFFICER MALLURU MILK CO-OPERATIVE SOCIETY LTD., MALLURU VILLAGE SOLURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT- 562 12 15. SRI.GANGARAJAU M C S/O CHELUVAIAH AGED ABOUT 27 YEARS TEMPORARY CONTRACTOR COMPUTER OPERATOR MALLURU MILK PRODUCTION CO-OPERATIVE SOCIETY MALLURU, MAGADI TALUK RAMANAGARA DISTRICT - 562 127 16. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY RAMANAGARA SUB-DIVISION RAMANAGARA - 562 159 …RESPONDENTS (BY SRI.YOGESH D NAIK, AGA FOR R.16; SRI.JAI PRAKASH REDDY M, ADVOCATE FOR R.1 TO R.3; R.5, R.8 TO R.13 AND R.15; - 4 - NC: 2025:KHC:10680 WP No. 23823 of 2023 NOTICE TO R.4 SERVED; NOTICE TO R.6, R.7 AND R.14 IS D/W V/O/D 30.07.2024) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER APPOINTING THE R15 AS PRESIDENT ON MEETING DTD 21.10.2022 CONDUCTED BY THE R1 WHICH IS AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; "i) For a writ in the nature of Certiorari or any other writ, quashing the order appointing the 15th respondent as President on meeting dated:21.10.2022 conducted by the 1st respondent, which is at Annexure-A. ii) Award Court costs and such other relief as the Hon'ble Court deems fit to grant in the interest of justice." 2. Learned counsel for the petitioner submits that there is a typographical error in prayer (i) of the above writ - 5 - NC: 2025:KHC:10680 WP No. 23823 of 2023 petition and respondent No.15 has been appointed as a Secretary and not as a President. The said appointment as a Secretary is challenged in this writ petition. 3. The petitioner has an alternative remedy in terms of Section 70(2)(d) of the Karnataka Co-operative Societies Act, 1959 (for short 'Act') to raise any dispute as regards the eligibility of any person to be appointed as an employee of the Co-operative Society. 4. Reserving such liberty to the petitioner to agitate any grievance under Section 70(2)(d) of the 'Act', the petition stands disposed off. 5. Pending applications, if any, are also disposed off. SD/- (SURAJ GOVINDARAJ) JUDGE NBM List No.: 1 Sl No.: 48