- 1 - HC-KAR NC: 2025:KHC:36143 WP No. 27409 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 27409 OF 2025 (CS-RES) BETWEEN: 1. SRI.M.C.H. MEHARISH, S/O LATE M.H. CHANDRASHEKARA, AGED ABOUT 50 YEARS, RESIDING AT MATHIKERE, SETTYHALLI POST, MALUR HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT - 562160. 2. SRI.G.H.NAGARAJU, S/O HUCCHEGOWDA, AGED ABOUT 59 YEARS, R/AT GOVINDAHALLI, CHAKKERE POST, MALUR HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT - 562160 3. SRI.THIMMEGOWDA S/O HOMBALEGOWDA ALIAS KARIGOWDA, AGED ABOUT 67 YEARS, RESIDING AT HOTTIGANAHOSALLI, CHAKKERE POST, MALUR HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT - 562160. (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED) 4. SMT.HEMALATHA H.R. W/O SUJAY KUMAR, AGED ABOUT 36 YEARS, Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36143 WP No. 27409 of 2025 CHAKKERE VILLAGE AND POST, MALUR HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT - 562160. 5. SRI.S.MANJUNATH, S/O SIDDAIAH, AGED ABOUT 59 YEARS, RESIDING AT SANKALAGERE SETTYHALLI POST, MALUR HOBLI CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT - 562160. 6. SRI.RAMASWAMY, S/O CHIKKATHIMMAIAH, AGED ABOUT 70 YEARS, RESIDING AT MATHIKERE, SETTYHALLI POST, MALUR HOBLI, CHANNAPATNA TALUK, BENGALURU SOUTH DISTRICT - 562160. (SENIOR CITIZENSHIP BENEFIT NOT CLAIMED) (ALL PETITIONER REGISTERED UNDER K.C.S.A) …PETITIONERS (BY SRI.M.R.RAJAGOPAL, SENIOR ADVOCATE FOR SRI.THILAKRAJ S.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, SHANTHI NAGAR T.T.M.C. KHB ROAD, - 3 - HC-KAR NC: 2025:KHC:36143 WP No. 27409 of 2025 BENGALURU - 560002. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES NO.1, ALI - ASKAR ROAD, BENGALURU - 560052. REPRESENTED BY ITS REGISTRAR. 4. THE DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER FEDERAL SOCIETY, BENGALURU URBAN, SUB DIVISION, KANDAYA BHAVAN, K.G.ROAD, BENGALURU - 560009. 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY RAMANAGAR BENGALURU SOUTH TALUK. 6. THE CHIEF EXECUTIVE OFFICER, BENGALURU URBAN, BENGALURU RURAL AND BENGALURU DISTRICT CENTRAL COOPERATIVE BANK LIMITED., CHAMARAJPET, BENGALURU - 560018. REGISTERED UNDER KARNATAKA CO-OP SOCIETIES ACT. 7. RETURNING OFFICER DCC BANK, J.R.C.S. URBAN BANK, THE ELECTIONS TO BAMUL DISTRICT MILK UNION BENGALURU - 560018. 8. THE CHIEF EXECUTIVE OFFICER M/S MULTIPURPOSE PRIMARY AGRICULTURE CO- OPERATIVE SOCIETY MATHIKERE CHANNAPATANA, BENGALURU SOUTH DISTRICT - 562138. REGISTERED UNDER KARNATAKA CO-OP SOCIETIES ACT. - 4 - HC-KAR NC: 2025:KHC:36143 WP No. 27409 of 2025 9. THE SUPERVISOR, DCC BANK AND DESIGNATED GOVERNMENT NOMINEE MEMBER TO THE MANAGING COMMITTEE OF M/S. MULTIPURPOSE PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY MATHIKERE CHANNAPATNA, BENGALURU SOUTH DISTRICT - 562138. 10. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANAGARA SUB DIVISION, RAMANAGARA, BENGALURU SOUTH DISTRICT - 562159. …RESPONDENTS (BY SRI. SRI.YOGESH.D.NAIK, AGA FOR RESPONDENT NOS.1, 3, 4, 5, 7, 9 AND 10; SRI.A.DEVARAJ, ADVOCATE FOR RESPONDENT NO.2; SRI.NATARAJ BABA.K, ADVOCATE FOR RESPONDENT NOS.6 AND 9) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.6 I.E., CHIEF EXECUTIVE OFFICER OF THE RESPONDENT BANK DIRECTING THE 9TH RESPONDENT PARTICIPATE OR PRESENT IN THE MEETING OF THE MANAGING COMMITTEE OF THE 8TH RESPONDENT SOCIETY WHICH IS NOW SCHEDULED TO BE HELD ON 11.09.2025, IN THE LIGHT OF REQUEST MADE ON BEHALF OF THE SOCIETY IN TERMS OF THE LETTER DATED 02.09.2025 AND 06.09.2025 AS PER ANNEXURES-D AND D1. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 5 - HC-KAR NC: 2025:KHC:36143 WP No. 27409 of 2025 ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondent No.6 to instruct its nominee, namely respondent No.9 to participate or present in the meeting of the managing committee of the respondent No.8, which is now scheduled on 16.09.2025. 2. The petitioners are the elected directors of the respondent No.8. They contend that out of thirteen directors, eleven were elected at the election held on 15.09.2020. They contend that out of eleven directors, five directors resigned and there are six directors on the board of management apart from the nominee of the respondent No.6. They contend that the respondent No.6 though being part of the board of management did not attend the meetings on 02.09.2025 and 06.09.2025 and his continued defaults may result in loss of quorum and affect the functioning of the Society. The petitioners are therefore before this Court. 3. The learned Senior Counsel for the petitioners reiterated the above contentions and submitted that the respondent No.9 had deliberately failed to attend the earlier - 6 - HC-KAR NC: 2025:KHC:36143 WP No. 27409 of 2025 meetings scheduled on 02.09.2025 and 06.09.2025 and therefore the activities of the respondent No.8 has come to a standstill and the petitioners are not able to take any decision in view of the lack of quorum. He therefore prays that suitable directions be issued to the respondent No.6 to instruct its nominee to attend the meetings of the board of management of the respondent No.8. 4. The learned counsel for the respondent No.6 after seeking instructions submitted that there is no compulsion that the respondent No.9 should attend meetings of the managing committee of the respondent No.8. He also submits that the respondent No.9 is designated to attend the meetings of twenty-six Co-operative Societies and therefore it would be humanly impossible for him to attend all the meetings of all these societies who are members of the respondent No.6. He however contends that wherever and whenever it is necessary, the respondent No.9 would attend the meetings of the board of management of the respondent No.8. 5. It is a trite that a Co-operative Society has to act through its managing committee and unless there is sufficient - 7 - HC-KAR NC: 2025:KHC:36143 WP No. 27409 of 2025 quorum, the committee cannot function. In the case on hand, as stated above, there are eleven elected directors of whom five directors have resigned and therefore, there is a stalemate in as much as the existing six directors do not constitute the quorum. The nominee of the respondent No.6 is also one of the directors of the board of the respondent No.8 and therefore, if he attends a meeting of the respondent No.8, the society would have sufficient quorum to exist and function. The respondent No.9 cannot abstain from the meetings unless he is prevented by sufficient cause, in which event he has to make alternate arrangements. This is a matter of concern as the duly elected directors would have to face the brunt of Section 30 of the Act, 1959 for no fault of them. 6. In that view of the matter, it is imminent to direct the respondent No.6 to instruct the respondent No.9 to attend the meetings of the board of management of the respondent No.8. 7. Accordingly, the following order is passed: ORDER i. The writ petition is allowed. - 8 - HC-KAR NC: 2025:KHC:36143 WP No. 27409 of 2025 ii. The respondent No.6 is directed to instruct the respondent No.9 to attend the meetings of the managing committee of the respondent No.8. iii. If the respondent No.9 cannot attend the meetings due to any genuine reason, he shall depute any of his subordinates or deputees with an authorisation duly sealed and signed to attend the meetings of the respondent No.8. iv. The respondent No.2 is directed to take necessary steps to fill the casual vacancies in view of the resignation of the five directors of the respondent No.8. This shall be done within a period of 60 days from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 15