- 1 - HC-KAR NC: 2025:KHC-D:16038 WP No. 107596 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107596 OF 2025 (CS-EL/M) BETWEEN: 1. SHRI.TAMMANNA LAKSHMAN NAIK AGE: 58 YEARS, OCC: AGRICULTURE MEMBER AND PRESIDENT OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD. HUNSHYAL PG R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST. 591312 …PETITIONER (BY SRI. MANOJ N BIKKANNAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE, M.S.BUILDING, BENGALURU- 560001. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, BAILHONGAL DIVISION BAILHONGAL, BELAGAVI-581105. 3. CHIEF EXECUTIVE OFFICER, MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD HUNSHYAL VILLAGE, MUDALAGI TQ. BELAGAVI DIST-591312 4. CO-OPERATION DEVELOPMENT OFFICER, GOKAK AND THE AUTHORIZED OFFICER TO HOLD THE MEETING OF NO-CONFIDENCE MOTION AGAINST THE PRESIDENT OF 5TH RESPONDENT SOCIETY, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16038 WP No. 107596 of 2025 HUNSHYAL P.G., HUNSHYAL, TQ. MUDALAGI, DIST. BELAGAVI-5914312. 5. THE MANAGING DIRECTOR, MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD HUNSHYAL P.G., HUNSHYAL, TQ. MUDALAGI, DIST. BELAGAVI-591312. 6. CHIDANAND LAKSHMAN KADDI AGE: 50 YEARS, OCC: AGRICULTURE, MEMBER OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST. 591312. 7. KALLAPPA SHIVALINGAPPA KONNUR AGE: YEARS, OCC: AGRICULTURE MEMBER OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST.-591312. 8. IRANNA LAKKAPPA TALWAR AGE: 50 YEARS, OCC: AGRICULTURE, MEMBER OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST. 591312 9. MAHADEV KALLAPPA DODAMANI AGE: YEARS, OCC: AGRICULTURE MEMBER OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST. 591312 10. RAMESH ADIVEPPA TALWAR AGE: YEARS, OCC: AGRICULTURE, MEMBER OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST.-591312 - 3 - HC-KAR NC: 2025:KHC-D:16038 WP No. 107596 of 2025 11. SIDDAVVA SHIVANGOUDA PATIL AGE: YEARS, OCC: AGRICULTURE, MEMBER OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST. 591312 12. BHIMAVVA APARAYI KAMAT AGE: YEARS, OCC: AGRICULTURE MEMBER OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST. 591312 12 MAHANTESH LAKSHMAN RODDANAVAR AGE: YEARS, OCC: AGRICULTURE MEMBER OF MULTIPURPOSE PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY LTD R/O. HUNSHYAL VILLAGE, MUDALAGI TQ., BELAGAVI DIST.591312 …RESPONDENTS (BY SRI.RAMESH CHIGARI, AGA FOR R1, R2 AND R4; SRI. S.B. MALLIGWAD, ADVOCATE FOR R6 TO R13) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE DATED 08.10.2025 IN RESPECT OF ADHYAKSHA OF 5TH RESPONDENT SOCIETY AND THE SAME HAS BEEN ISSUED BY THE RESPONDENT NO.4 AUTHORITY VIDE ANNEXURE-D IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:16038 WP No. 107596 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a) A Writ in the nature of Certiorari quashing the impugned notice dated 08.10.2025 in respect of Adhyaksha of 5th Respondent society and the same has been issued by the respondent no.4 authority vide Annexure-D in the interest of justice and equity. b) Such other writ or order or direction as this Hon’ble Court deems fits on the facts and circumstances of the cases in the interest of justice and equity. Heard so and so. 2. The short issue projected before this Court is with regard to the 15 days clear notice being issued prior to the calling for a no confidence motion. 3. The issue in the lis stands answered by a plethora of judgments rendered by the Co-ordinate Benches. I deem it necessary to notice the judgment of the Co-ordinate Bench in W.P.No.16610/2023 disposed on 01.08.2023, which holds as follows: “3. Learned counsel for the petitioner submits that earlier some of the Directors of the Board gave requisitions to the Chief Executive Officer of the Society seeking initiation of no confidence motion against the petitioner. The said representation was given on - 5 - HC-KAR NC: 2025:KHC-D:16038 WP No. 107596 of 2025 10.11.2023. It is submitted that in terms of the requirement the Chief Executive Officer wrote to the Assistant Registrar of Co-Operative Societies seeking permission to consider no confidence against the petitioner. However, it appears that some of the other elected Directors of the Society gave representation dated 18.11.2022 to Assistant Registrar of Co-Operative Societies and Chief Executive Officer of the Society stating that six Directors of the Board are in favour of the petitioner and therefore, the motion of noconfidence should not be proceeded. Admittedly, no meeting to consider motion of no-confidence was held. 4. However, subsequently some of the elected Directors gave one more representation on 22.12.2022 to the Chief Executive officer seeking initiation of no- confidence motion against petitioner. In terms of the requisition given by the Directors, the Assistant Registrar of Co-operative Societies has passed an order dated 04.01.2023 appointing the Cooperative Development Officer as the authority to hold the meeting of no- confidence motion against the petitioner. The petitioner challenged the same by filing an appeal under Section 106 of the Karnataka Co-Operative Societies Act before respondent No.2-Deputy Registrar of Co-Operative Societies, Mysuru Region. Learned counsel submits that initially there was an order of stay by the Deputy Registrar of Co-Operative Societies. However, the appeal was dismissed by order dated 13.07.2023. Thereafter, impugned meeting notice dated 25.07.2023 at Annexure-M has been issued by the officer empowered to consider the no-confidence motion. 5. Learned counsel for the petitioner submits that in terms of Sub-Section (1) of Section 29-H of the Karnataka CoOperative Societies Act, 1959, if earlier a no-confidence motion was defeated, then a fresh motion shall not be introduced within period of one year thereafter. Learned counsel would therefore submit that since admittedly the motion of noconfidence moved on 10.11.2022 failed, the initiation of fresh motion of no- confidence within period of one year cannot be sustained. - 6 - HC-KAR NC: 2025:KHC-D:16038 WP No. 107596 of 2025 6. Learned counsel would also submit that the Authorized Officer has not given 15 clear days notice as provised under Sub-Rule (4) of Rule 14-AKK of the Karnataka Co-Operative Societies Rules, 1960, therefore, on both counts the impugned meeting notice has to be set aside. 7. Per contra, learned counsel for the respondent No.4-Society submits that the petitioner cannot contend that the earlier motion of no-confidence moved on 10.11.2023 was defeated since, admittedly, no meeting was held to consider the motion of no-confidence and there is nothing on record to show that the motion of no- confidence was defeated. 8. In so far as the second limb of argument of learned counsel for the petitioner regarding failure of issuance of clear days notice is concerned, learned counsel submits that the petitioner approached the Deputy Registrar of Co-operative Societies even before a meeting notice came to be issued. The petitioner challenged the appointment of the Authorized Officer before the Deputy Registrar of Co-operative Societies and therefore, there was no occasion for the petitioner to say that 15 clear days notice was not given. The meeting notice is now given in the impugned Annexure-M. 9. Having heard the learned counsel for the petitioner, learned counsel for the respondent No.4, learned Additional Government Pleader and perusing the petition papers, this Court is the considered opinion that there is no substance in the contention raised by the petitioner as regards the first limb of argument. Admittedly, no meeting was held pursuant to the first motion of no-confidence requisition made on 10.11.2022. Therefore, it cannot be contended by the petitioner that the first motion of no-confidence was defeated. The requirement of law is that such motion of no-confidence was to be considered and in such meeting if the motion failed, only then the provisions contained in sub-Section (1) of Section 29-H would apply. 10. However, the submission of the learned counsel for the petitioner in so far as non compliance of Sub-Rule 4 of Rule 14-AKK is required to be upheld, - 7 - HC-KAR NC: 2025:KHC-D:16038 WP No. 107596 of 2025 since admittedly the meeting notice is issued on 25.07.2023 and the meeting is scheduled to be held on 03.08.2023. Therefore, there is no 15 clear days notice as contemplated in Sub Rule (4) of Rule 14AKK of Rules. 11. Consequently, the writ petition is partly allowed. The impugned meeting notice dated 25.07.2023 at Annexure-M is hereby quashed and set aside. However, the Authorized Officer is permitted to proceed in terms of Sub-Rule (4) of Rule 14-AKK and give 15 clear days notice to the elected Directors and thereafter, proceed in accordance with law.” 4. In the light of the issue being answered by the afore- quoted judgment of the Co-ordinate Bench, the petition deserves to succeed albeit in part. 5. For the aforesaid reasons, the following: ORDER i. Writ Petition is allowed in part. ii. The notice dated 08.10.2025 at Annexure-D stands quashed. iii. Liberty is reserved to the respondents to issue fresh notice, in accordance with law. Sd/- (M.NAGAPRASANNA) JUDGE KGK CT:ANB List No.: 1 Sl No.: 37