- 1 - HC-KAR NC: 2025:KHC:23887 WP No. 27958 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27958 OF 2023 (CS-RES) BETWEEN: 1. KAIVALYAPATHI S/O NANJAPPA AGED ABOUT 75 YEARS, 2. SHIVAMURTHY S/O LINGADEVARAIAH AGED ABOUT 75 YEARS, 3. LAKSHMAIAH S/O KARIKENCHAIAH AGED ABOUT 45 YEARS, 4. NARASIMHAMURTHY S/O GANGARANGAIAH AGED ABOUT 45 YEARS, 5. NARASIMHAMURTHY V S/O VENKATEGOWDA, AGED ABOUT 48 YEARS, 6. GURUPADAIAH K N S/O SIDDALINGAPPA AGED ABOUT 65 YEARS, 7. PARAMESHAIAH S/O KALLUVEERAIAH AGED ABOUT 62 YEARS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23887 WP No. 27958 of 2023 8. SHARADAMMA W/O SHIVANNA AGED ABOUT 70 YEARS, PETITIONERS ARE R/O KARNAKUPPE VILLAGE, HEBBURU HOBLI, TUMKURU TALUK AND DISTRICT - 572 120. …PETITIONERS (BY SRI. DEVI PRASAD SHETTY.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M.S BUILDING, DR. B R AMBEDKAR VEEDHI, BENGLAURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. DEPUTY REGISTRAR OF CO OPEARTIVE SOCIETIES OFFICE OF THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES TUMKUR, TUMKUR DISTRICT-572 101. 3. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIEITES TUMKUR SUB DIVISION, TUMKUR - 572 101. 4. KARNAKUPPE MILK PRODUCER'S CO OPERATIVE SOCIETY LTD., KARNAKUPPE, HEBBURU HOBLI, TUMKUR TALUK AND DISTRICT - 572 120 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. …RESPONDENTS (BY SRI. A.S. HARISH., AGA FOR R1 TO R3 SRI. H.C. SHIVARAMU.,ADVOCATE FOR R4) - 3 - HC-KAR NC: 2025:KHC:23887 WP No. 27958 of 2023 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16/11/2023 BEAIRNG NO. A.R.-32/DAANYA AAPAA/PRA-29C/C.R.- 01/23-24 PASSED BY THE R3 VIDE ANNEXURE-H AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this court seeking for the following : '' (i). Issue a writ of certiorari quashing the Order dated 16.11.2023 bearing No.A.R-32/DAANY AAAPAA/PRA.29-C/C.R-01/2023-24 passed by respondent No.3 vide Annexure-H. (ii). Issue a writ of certiorari quashing the Order dated 16.11.2023 bearing No.SANI-32/AMAMRA/ KALAM.31(1)/C.R.50/2023-24 passed by respondent No.3 vide Annexure-J. (iii). Such other direction or order writ as may deem fit to this Hon'ble Court may kindly be issued. '' 2. One Sri. M.R. Prasanna had been appointed as the Chief Executive Officer of respondent No.4. There being certain allegations as regards his discharge of work as a Secretary, more particularly as regards the financial matters, fabrication of documents of the society etc., the Board in its meeting dated 24.10.2022 unanimously passed a - 4 - HC-KAR NC: 2025:KHC:23887 WP No. 27958 of 2023 resolution suspending him from the post of Chief Executive Officer. 3. Sri. M.R. Prasanna, has raised a dispute before the respondent No.3 challenging the said suspension when an exparte interim order of stay was granted. This came to be challenged before this Court in W.P.No.22806/2022, wherein this Court by vide order dated 30.11.2022 granted a interim order of stay. Subsequently, a contempt proceedings having been filed by Sri. M.R. Prasanna, came to be withdrawn. 4. In the meanwhile, the Board by way of its Resolution dated 12.12.2022 temporarily appointed Sri. M.R. Prasanna as the Chief Executive Officer, dehors financial powers, on account of the allegations made against him. It is subsequent thereto that respondent No.2 by excising powers under Clause C of subsection (8) of Section 29C of the Karnataka Co-operative Societies Act, 1969 disqualified the petitioner for a period of three years from holding the post of directorship on the ground that it is a violation of - 5 - HC-KAR NC: 2025:KHC:23887 WP No. 27958 of 2023 the orders by the Board in not reinstating Sri. M.R. Prasanna. 5. The above facts would indicate that Sri. M.R. Prasanna, had been reinstated as per the resolution of the Board dated 12.12.2022 and even the contempt proceedings filed in C.C.C. No.27/23, had been withdrawn by Sri. M.R. Prasanna. If that be so, it would not be proper for the Deputy Registrar to contend that the petitioners have not complied with the order of reinstatement of Sri. M.R. Prasanna, since Sri. M.R. Prasanna has admittedly been reinstated. In fact respondent No.4 in the present matter is represented by Chief Executive Officer- Sri. M.R. Prasanna and statement of objections have also been filed by him. Though there are several allegations which have been made in the said statement of objections, for the purpose of the present matter those allegations are irrelevant. What is relevant is that he has appeared in the present matter as the Chief Executive Officer of respondent No.4. This status of matter would contraindicate the allegation made on which basis the powers have been exercised under Clause C of subsection (8) of Section 29C of the Karnataka Co- - 6 - HC-KAR NC: 2025:KHC:23887 WP No. 27958 of 2023 operative Societies Act, 1969, since Sri. M.R. Prasanna, has already been reinstated. 6. In that view of the matter, I pass the following: ORDER (i). Writ petition is allowed. (ii). A certiorari is issued to Order dated 16.11.2023 bearing No.A.R-32/DAANY AAAPAA/PRA.29-C/C.R-01/2023-24 passed by respondent No.3 as per Annexure-H is quashed. (iii). A certiorari is issued to Order dated 16.11.2023 bearing No.SANI-32/AMAMRA/ KALAM.31(1)/C.R.50/2023-24 passed by respondent No.3 as per Annexure-J is also quashed. (iv). Needless to say, that the petitioners are reinstated as the Directors of respondent No.4-Society. SD/- (SURAJ GOVINDARAJ) JUDGE RL List No.: 1 Sl No.: 40