- 1 - HC-KAR NC: 2025:KHC:47423 WP No. 32771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 32771 OF 2025 (CS-RES) BETWEEN: 1. SRI VISHWANATH V.M., SON OF MADEGOWDA AGED ABOUT 47 YEARS, PRESIDENT, VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD., VADDARAHALLI, MALAVALLI TALUK, MANDYA-571401 2. SRI RAJU, SON OF KEMPEGOWDA AGED ABOUT 66 YEARS VICE PRESIDENT, VADDARAHALLI MILK PRODUCERS' CO-OP SOCIETY LTD., VADDARAHALLI, MALAVALLI TALUK, MANDYA-571401 BENEFIT OF SENIOR CITIZEN NOT CLAIMED 3. SRI MADEGOWDA, SON OF CHIKKEPUTTEGOWDA AGED ABOUT 64 YEARS BENEFIT OF SENIOR CITIZEN NOT CLAIMED 4. SRI MAHADEVASWAMY, S/O DODDAIAH AGED ABOUT 44 YEARS 5. SRI CHOWDAIAH, S/O MARIGOWDA AGED ABOUT 46 YEARS Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:47423 WP No. 32771 of 2025 6. SRI M. SHIVALINGEGOWDA, S/O MADEGOWDA AGED ABOUT 58 YEARS 7. SMT. VENKATALAKSHMAMMA, W/O LATE CHOWDEGOWDA AGED ABOUT 55 YEARS 8. SRI H.V. SHIVARUDRAPPA, S/O D H VEEREGOWDA AGED ABOUT 66 YEARS BENEFITS OF SENIOR CITIZENSHIP NOT CLAIMED 9. SRI V.K. NANJUNDEGOWDA, S/O KEMPEGOWDA AGED ABOUT 44 YEARS 10. SMT. RAJAMMA, W/O CHIKKATHIMMAIAH AGED ABOUT 57 YEARS PETITIONER NOS. 3 TO 10 ARE DIRECTORS OF VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY LTD., VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430 …PETITIONERS (BY SRI. D.R. RAVI SHANKAR, SR. ADVOCATE FOR SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU 560001 2. THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES, MANDYA SUB-DIVISION, MANDYA-571401. 3. SRI. CHOWDESH, S/O SANNEGOWDA, - 3 - HC-KAR NC: 2025:KHC:47423 WP No. 32771 of 2025 MEMBER, AGED MAJOR, VADDARAHALLI MILK PRODUCERS CO-OP SOCIETY, MALAVALLI TALUK, MANDYA - 571 401 4. VADDARAHALLI MILK PRODUCERS' CO-OP SOCIETY, REP. BY ITS CHIEF EXECUTIVE OFFICER, VADDARAHALLI, MALAVALLI TALUK, MANDYA - 571 430, REGD: UNDER KARNATAKA CO-OP. SO. ACT …RESPONDENTS (BY SRI. YOGESH .D. NAIK, AGA FOR R1 & 2 SRI. JAYKUMAR .S. PATIL, SR. ADVOCATE FOR SRI. A. MOHAMMED TAHIR, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF APPROPRIATE NATURE DECLARING THAT THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES HAS NO JURISDICTION UNDER SECTION 70(2)(D) TO REMOVE OR DISQUALIFY ELECTED DIRECTORS OF 4TH RESPONDENT CO-OPERATIVE SOCIETY UNDER THE IMPUGNED ORDER DATED.23.10.2025 AS PER ANNEXURE-E, PASSED BY THE 2ND RESPONDENT ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA, IN DISPUTE NO.A.R.39/DDS/VYAJYA/09/2023-24. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER Heard Sri. D. R. Ravishankar, learned senior advocate for Sri. Saravana S., learned counsel for the petitioners, Sri. Jaykumar S. Patil, learned senior advocate for Sri. A. Mohammed Tahir, learned counsel for respondent No.3 and Sri. - 4 - HC-KAR NC: 2025:KHC:47423 WP No. 32771 of 2025 Yogesh D. Naik, learned Additional Government Advocate for respondent Nos.1 and 2. Perused the materials on record. 2. Learned senior advocate for respondent No.3 and learned Additional Government Advocate for respondent Nos.1 and 2 have raised objection regarding maintainability of the petition as the impugned order is passed under Section 70(2)(d) of the Karnataka Co-operative Societies Act, 1959 (for short, 'the KCS Act'), and the statutory remedy is available to prefer an appeal under Section 105 of the KCS Act. Bypassing the same the petition cannot be entertained. 3. Learned senior advocate for the petitioners submits that, if reasonable time is granted to the petitioners by extending the interim order that is already granted by staying the operation of Annexure-E, the petitioners will invoke Section 105 of the KCS Act, and prefer necessary appeal. 4. Submissions are placed on record. 5. Hence, the following: ORDER i) Writ Petition is disposed off. - 5 - HC-KAR NC: 2025:KHC:47423 WP No. 32771 of 2025 ii) The petitioners are at liberty to invoke Section 105 of the KCS Act and to approach the appropriate authority within two weeks from today. Till that time, the interim order granted by this Court staying the operation and execution of Annexure-E passed by respondent No.2, is extended. It is made clear that, if such an appeal is preferred before the appropriate authority by the petitioners in time and they seek for an interim order, the same shall be considered independently, without being influenced by the interim order granted by this Court. SD/- (M G UMA) JUDGE MKM CT:VS List No.: 2 Sl No.: 1