- 1 - NC: 2025:KHC:11748 WP No. 36200 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 36200 OF 2024 (CS-EL/M) BETWEEN: 1. SRI YADHU KUMAR, S/O SRI. SRINIVAS, AGED ABOUT 52 YEARS, RIO HUMCHA, HOSSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436. 2. SRI. MADHUKESH MN, S/O SRI. A. R. MANJUBHAT, AGED ABOUT 46 YEARS, RIO HUMCHA, HOSSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436. 3. SRI. NATARAJ N.S, S/O SRL. CHANNAPA GOWDA, AGED ABOUT 48 YEARS, R/O HUMCHA, HOSSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436. 4. SRI. ABHISHEK K, S/O SRI. KARUNAKAR B, AGED ABOUT 36 YEARS, R/O HUMCHA, HOSSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436. 5. SRI. ANNANTH H M, S/O SRI. YALLANAYAK, AGED ABOUT 38 YEARS, R/O HUMCHA, HOSSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436. 6. SRI. NATESH G V, S/O SRI. VEERABHADRAPPA, AGED ABOUT 38 YEARS, R/O HUMCHA, HOSSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436. 7. SMT. SAROJAA, W/O SRI. SRINIVAS, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11748 WP No. 36200 of 2024 AGED ABOUT 50 YEARS, R/O HUMCHA, HOSSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436. 8. SRI. H R RAGHAVENDRA, S/O SRI. RAMMAKRISHNAPPA, AGED ABOUT 40 YEARS, R/O HUMCHA, HOSSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577 436. PETITIONERS (BY SRI. PRASHANTH HS.,ADVOCATE) AND: 1. DEPARTMENT OF CO OPERATION, M. S. BUILDING, DR. BR AMBEDKAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, TTMC A BLOCK, K. H. ROAD, SHANTINAGAR, BENGALURU - 560 027, REPRESENTED BY ITS SECRETARY. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, SHIVAMOGGA DISTRICT, SHIVAMOGGA 577 201. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, SAGARA SUB-DIVISION, SAGARA TALUK, SHIVAMOGGA DISTRICT 577 201. REPRESENTED BY ITS SECRETARY. 5. PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, HUMCHA, HUMCHA, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT 577 436, REPRESENTED BY ITS SECRETARY. 6. THE RETURNING OFFICER, PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY LTD, HUMCHA, HUMCHA, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT 577 436, REPRESENTED BY ITS SECRETARY. 7. SRI. HD. YOMAKESHAVAPPA, S/O SRI. DHARMEGOWDA, AGED ABOUT 70 YEARS, R/AT SHATTIBYLU, HUMCHA, - 3 - NC: 2025:KHC:11748 WP No. 36200 of 2024 SHIVAMOGGA DISTRICT – 577436. 8. SRI. MANJUNATH HN, S/O SRI. NAGA NAIK, AGED ABOUT 50 YEARS, HUMCHA, HOSNAGAR TALUK, SHIVAMOGGA DISTRICT – 577436. RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R1, R3, R4 AND R6; SRI. TL KIRAN KUMAR., FOR R2; R5 PRIMARY AGRICULTURAL CREDIT COOPERATIVE SOCIETY, SHIVAMOGGA –SD; SRI. VARUN J PATIL., FOR R7 AND 8) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CALENDAR OF EVENTS DATED 20/12/2024 IN RESPECT OF SOCIETY BEARING REGISTRATION NO. A.R.S. NO. 635/1914-15, ISSUED BY THE R6, VIDE ANN-A 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. The petitioners are before this Court seeking for the following reliefs: “WHEREFORE, the petitioner above name humbly prays that this Hon’ble Court may be pleased to:- a) Issue a Writ of certiorari to quash the Calendar of events dated 20/12/2024, in respect of society bearing registration No. A.R.S.No.645/1914-15, issued by the 6th Respondent, vide Annexure-A. b) Pass such other order or orders as this Hon’ble Court deems fit to grant under the facts and circumstances of the case. - 4 - NC: 2025:KHC:11748 WP No. 36200 of 2024 c) Issue a Writ of Mandamus or any order or directions directing the respondent No.3 to pass appropriate orders on pending applications of the Petitioners challenging their disqualifications, in the interest of justice and equity.” 2. The petitioners claim to be sitting Directors of respondent No.5 - Society. During the previous tenure of the elected members of respondent No.5 - Society there being certain financial irregularities which had been alleged, then the Chief Executive Officer had submitted audit report to the Governing counsel of Respondent No.5. Thereafter, there were certain police complaints and other proceedings which had been taken up. The CEO was also directed to be removed which resulted in certain other proceedings. Respondent No.4 - Assistant Registrar of Cooperative Societies (ARCS) by way of order dated 20.08.2024 removed the 12 Directors of Respondent No.5 - Society on the ground that there is no proper audit and or records maintained which came to be challenged by the petitioners by filing an appeal under section 106(1)(D-1) of the Karnataka Co-operative Societies Act, 1959 before respondent No.4 - the Assistant Registrar of Cooperative Societies. - 5 - NC: 2025:KHC:11748 WP No. 36200 of 2024 3. In the said appeal, the petitioners had also filed an application for stay of the impugned orders therein. The alleged contention of the learned counsel for the petitioners is that despite the said application being pending for a long period of time, the same have not been taken up, instead of doing so and in the meanwhile Respondent No.5 - Society had issued a calendar of events on 20.12.2024 for holding of elections. The said calendar of events had been challenged before this Court. This Court vide order dated 31.12.2024 has stayed the said calendar events and as such the elections have not occurred. Thereafter, an application for amendment has been filed, the petitioners have sought for a mandamus directing respondent No.3 to pass appropriate orders in the pending application in the aforesaid pending appeal. 4. Sri. Yogesh D Naik, learned AGA appearing for the State would submit that it is on account of the absence of the petitioners on several occasions the matter has been adjourned by the ARCS. There is no fault which can be found with the ARCS having adjourned the matters for - 6 - NC: 2025:KHC:11748 WP No. 36200 of 2024 that reason. It is for the petitioners to have been diligent enough to be present and address their arguments. 5. His submission is that if the petitioners were to be present on the next date of hearing and address the arguments, the matter would be taken up for consideration on orders passed by the ARCS. 6. Sri. Shiva Kumar S, the Chief Executive Officer of respondent No.5 is today present before this court. He had been asked to be present on account of non appearance of any counsel on part of respondent No.5, today on inquiry as to why there was no appearance by way of engaging of a counsel or as a party-in-person. He submitted that the financial situation of respondent No.5 is so bad that they are unable to engage a counsel. This being a very serious statement made, the Registrar of Cooperative Societies is directed to look into the same to ascertain the veracity thereof since the issue also pertains to elections to be held to the society which apparently has no money to even engage a counsel. - 7 - NC: 2025:KHC:11748 WP No. 36200 of 2024 7. Be that as it may, even if a party were not to have enough financial resources to engage a counsel, the said party could be represented by one of the officers as a party-in-person or through a counsel by availing legal services as provided by Karnataka State Legal Service Authority. A party cannot choose to be absent on the ground of inability to make payment of advocate fee or inability to be present. More so when the same relates to Cooperative Society which is a body corporeal and in the absence of a representation on behalf of such society, an order could be passed which would have a bearing on all the members of the society whose interest the society is duty bound to protect. This aspect could also have to be looked into by the Registrar of the Cooperative Societies and necessary instruction issued as regards to the action that the Registrar would indicate against the society on account of non-representation in Court proceedings. 8. In view of the submission made by Sri. Yogesh D Naik, learned AGA that the matter would be taken up for consideration on the next date that the matter is listed before the ARCS, I pass the following: - 8 - NC: 2025:KHC:11748 WP No. 36200 of 2024 ORDER i. Writ petition is partly allowed; ii. A mandamus is issued directing respondent No.3 to pass appropriate orders on pending applications in appeal filed by the petitioners under Section 161(1)(D-1) of the Karnataka Co-operative Societies Act, 1959 as expeditiously as possible preferably within 30 days from the next date of hearing; iii. In so far as the calendar of events is concerned, the same having been lapsed, no further order is required to be passed on. iv. That the above matter is disposed, re-list on 17.04.2025 to report compliance of above instruction issued at para No.7. SD/- (SURAJ GOVINDARAJ) JUDGE PNV - List No.: 1 Sl No.: 30