- 1 - HC-KAR NC: 2025:KHC:24164 WP No. 27280 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27280 OF 2023 (CS-EL/M) BETWEEN: 1. H. DARNAPPA POOJARY S/O MUNDAPA POOJARY AGED 65 YEARS R/O SANDYA DEEPA HOUSE NALKORU VILLAGE BALANJA POST BELTHANGADI TALUK 574217 DAKSHINA KANNADA 2. JINNA POOJARY S/O ANNUR POOJARY AGED 68 YEARS R/O GHANDINAGAR HOUSE TENKARANADUR VILLAGE AND POST BELGHANGADI TALUK 574217 DAKSHINA KANNADA 3. M N GULABI W/O NARAYANA MOOLYA AGED 55 YEARS ALAKADA HOUSE ENKARAKRNADUR VILLAGE AND POST BELTHANGADI TALUK 217 DAKSHINA KANNADA 4. BALAKRISHNA POOJARY S/O RAMANNA POOJARY AGED 51 YEARS R/O YAIKURI HOUSE NALKURU VILLAGE BALANJA POST BELTHANGADI TALUK 574217 DAKSHINA KANNADA 5. GURUPRASAD HEGDE Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24164 WP No. 27280 of 2023 S/O RAVI HEGDE AGED 39 YEARS R/O DARIMAR HOUSE BALANJA POST & VILLAGE BELTHANGADI TALUK574217 DAKSHINA KANNADA …PETITIONERS (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA DEPT OF CO OPERATION M S BUILDING BANGALORE-560001 BY ITS PRINCIPAL SECRETARY 2. JOINT REGISTRAR OF CO OPERATIVE SOCIETS MYSURU REGION PUBLIC OFFICE BUILDING NEW SAYAJI ROAD MYSORE 570024 3. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES JANATHA BAZAR, 1ST FLOOR GANAPATHI HOSTEL ROAD MANGALORE 575001 D K DISTRICT 4. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETES PUTTUR 574201 DAKSHINA KANNADA DISTRICT 5. ALADANGADY PRIMARY AGRICULTURE CREDIT CO OPERATIVE SOCIETY LTD SAMANVAYA ALADANGADY, GADAGAKARNADOOR BELTHANGADY TQ 574217 D K DISTRICT REP BY ITS SECRETARY 6. RETURNING OFFICER APPOINTED FOR ALADANGADYH PRIMARY AGRICULTURE CREDIT CO-OPERATIBE SOCIETY, LTD SAMAVAYA - 3 - HC-KAR NC: 2025:KHC:24164 WP No. 27280 of 2023 ALADANGADY, BADAGAKARANDOOR BELTHANGADY TALUK 574217 DAKSHINA KANNADA DISTRICT (R5 & R6 ARE REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT-1959) …RESPONDENTS (BY SRI. HARISH A.S., AGA FOR R1 TO R4 & R6; V/O DATED 21.12.2023 NOTICE TO R5 H/S) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE CALENDAR OF EVENTS DATED 29/09/2023 IN NO. DRP/CHUNAWANE.A.MAM.ADISUCHANE. CR.04/2023-24 ISSUED BY THE RESPONDENT NO. 6 PRODUCED AT ANNEXURE-G AND ETC THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before before this Court seeking for the following reliefs; a. Issue a writ in the nature of certiorari quashing the calendar of events dated 29.09.2023 in No. DRP/CHUNAWANE:A.MAM.ADISUCHANE:CR-04:2023- 24 issued by the respondent no. 6 produced at Annexure-G; b. Issue a writ in the nature of mandamus directing the respondent no.3 to conduct the election to the respondent no.5 society after deleting the village Balanja, Nalkooru, and Tenkakaramadura from the area of operation of the respondent no.5 society. - 4 - HC-KAR NC: 2025:KHC:24164 WP No. 27280 of 2023 c. Issue a writ in the nature of mandamus directing the respondent no. 5 to amend the bye laws of the respondent no.5 society in terms of the communication at Annexure-A and also in term of the resolution passed at Annexure-E. d. Issue such other appropriate writ, 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 petitioners are persons who are members of respondent No.5-Co-opeartive Society but wish to form a new Co-operative Society in Balanja Gram Panchayath. The said Balanja Gram Panchayath forms an area of operation of respondent No.5- Co-operative Society and in terms of circulars dated 28.07.2023 and 05.08.2023, it is claimed that the Balanja Gram Panchayath would have to be deleted from the area of operation of respondent No.5-Co- operative Society, so as to enable the formation of a new Co-operative Society. 3. This aspect has been dealt with by this Court in WP No.1098/2024 in Sri Shivananja & others vs. The State of Karnataka & others dated 2.5.2025, wherein this Court has categorically come - 5 - HC-KAR NC: 2025:KHC:24164 WP No. 27280 of 2023 to a conclusion that for the formation of a new Co-operative Society, there would be no requirement to delete any gram panchayat from the area of operation of the existing Co-operative Society. As such the reliefs which have been sought for in the present petition cannot be granted, the petition stands disposed of, reserving liberty to the petitioners to form a new Co-operative Society without insisting upon Balanja gram Panchayath being deleted from the area of operation of respondent No.5-Co-operative Society. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 91