- 1 - HC-KAR NC: 2025:KHC:38223 WP No. 26124 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26124 OF 2025 (GM-KSR) BETWEEN: 1. SRI DURGAMBIKA SEVA SANGHA (R) CHAROD MESTHA SAMAJA, KOTEMANE SHIROOR, BYNDOOR TALUK UDUPI DISTRICT-576228 BY ITS SECRETARY SRI. RAVINDRA L MESTHA, S/O LAKSHMAN MESTHA. AGED ABOUT 48 YEARS SOCIETY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT. 2. SRI. SRIDHAR G MESTHA S/O GANAPATHI MESTHA, AGED ABOUT 64 YEARS PRESIDENT SRI DURGAMBIKA SEVA SANGHA (R) CHARODI MESTHA SAMAJA, KOTEMANE SHIROOR, BYNDOOR TALUK UDUPI DISTRICT-576228 3. SRI. VITTAL. N MESTHA, S/O NAGARAJ MESTHA. AGED ABOUT 48 YEARS EX-SECRETARY PRESENT ELECTED MEMBER Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38223 WP No. 26124 of 2025 SRI DURGAMBIKA SEVA SANGHA (R) CHARODI MESTHA SAMAJA, KOTEMANE SHIROOR, BYNDOOR TALUK UDUPI DISTRICT-576228 4. SRI. GIRISH V MESTHA, S/O VENKATESH MESTHA AGED ABOUT 47 YEARS ELECTED MEMBER SRI DURGAMBIKA SEVA SANGHA (R) CHARODI, MESTHA SAMAJA, KOTEMANE SHIROOR, BYNDOOR TALUK UDUPI DISTRICT-576228 …PETITIONERS (BY SRI. JAI PRAKASH REDDY M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION REPRESENTED BY ITS SECRETARY M.S BUILDING, BENGALURU 560 001 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES "RAJATHADRI" 'A' BLOCK, 1ST FLOOR DISTRICT ADMINISTRATIVE COMPLEX, MANIPAL-576104, UDUPI DISTRICT 3. SRI. NARAYANA MESTHA S/O VENKATESH MESTHA AGE MAJOR NADUKOTEMANE, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT - 3 - HC-KAR NC: 2025:KHC:38223 WP No. 26124 of 2025 4. SHANKAR MESTHA S/O SUBBANNA MESTHA AGE MAJOR ARAMANEHAKLU, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 5. CHANDRASHEKAR MESTHA S/O DURGAIAH MESTHA AGE MAJOR PADIYARAHITHLU, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 6. SHANKAR MESTHA S/O KESHAVA MESTHA AGE MAJOR NITHYANANDANAGARA, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 7. RAMESH MESTHA S/O BABAIAH MESTHA AGE MAJOR KOTEMANE, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 8. PALAKSHA MESTHA S/O VENKAPPA MESTHA AGE MAJOR ARAMANEAKLU, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 9. CHANDRAHASA MESTHA S/O SUBRAYA MESTHA - 4 - HC-KAR NC: 2025:KHC:38223 WP No. 26124 of 2025 AGE MAJOR KOTEMANE, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 10. NAGESH MESTHA S/O MANJUNATH MESTHA AGE MAJOR NADINAGADE, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 11. NAGARAJ MESTHA S/O VITTAL MESTHA AGE MAJOR KESNI, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 12. KRISHNA MESTHA S/O NARASIMHA MESTHA AGE MAJOR ANAMANSHATHI SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 13. SHANKAR MESTHA S/O GANAPATHI MESTHA AGE MAJOR HADAVINAKONE, SHIROOR BYNDOOR TALUK-576228 UDUPI DISTRICT 14. RAMESH MESTHA S/O PANDURANGA MESTHA AGE MAJOR UPPARIGEITHLU, SHIROOR - 5 - HC-KAR NC: 2025:KHC:38223 WP No. 26124 of 2025 BYNDOOR TALUK-576228 UDUPI DISTRICT 15. GOVINDA MESTHA S/O DURGAIAH MESTHA AGE MAJOR, SARPANAMANE, SHIROOR, BYNDOOR TALUK-576228 UDUPI DISTRICT 16. SRI DURGAMBIKA SEVA SANGHA (R) CHARODI/MESTHA SAMAJA, KOTE MANE SHIROOR, BYNDOOR TALUK UDUPI DISTRICT-576228 BY ITS SECRETARY REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 & R2 SRI. ABHINAY Y.T., ADVOCATE FOR R3 TO R16) 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 OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION QUASHING THE ACCEPTANCE REPORT DATED 07-07-2025 IN NO NIL ALONG WITH LIST OF THE DIRECTORS OF RESPONDENT NO.16 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-P AND ENDORSEMENT DATED 07-08-2025 IN NO. DRP/U/SANGHA/MAHITHI/12/2025-26 VIDE ANNEXURE-K ISSUED BY RESPONDENT NO.2 AND ETC. - 6 - HC-KAR NC: 2025:KHC:38223 WP No. 26124 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The dispute relates to who should constitute the Managing Committee of Sri. Durgambika Seva Sangha (R), Charodi Mestha Samaja, and the controversy is with the second respondent accepting the details [the accounts] and the list of members as finalized by the third to the fifteenth respondents in preference over the details filed by the second respondent and another. The petitioners assert that in terms of the directions issued by the second respondent after change in name, Annual General Body Meeting [AGM] is held on 13.07.2025 and all accounts and reports are filed with the other side contending that such AGM was held on 06.06.2025. The petitioners contend that the third to the fifteenth respondents were not authorized to hold the - 7 - HC-KAR NC: 2025:KHC:38223 WP No. 26124 of 2025 AGM. It is obvious from the afore that the dispute relates to the constitution of the Managing Committee after due election, and it is trite that all disputes relating to election of members to the managing committee must be resolved in a civil dispute and not otherwise. Mr. Jai Prakash Reddy, the learned counsel for the petitioners, and Mr. Abhinay Y. T, the learned counsel, who takes notice for the third to the sixteenth respondents, are heard in the light of the afore. This Court is of the considered view that the petition must be disposed of with liberty to the petitioners to institute a suit for vindication of their stand and that the decision of the second respondent to accept the details filed by the others should be subject to the orders in such civil suit. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB