- 1 - HC-KAR NC: 2025:KHC:27042 WP No. 7391 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 7391 OF 2025 (CS-EL/M) BETWEEN: 1. SRI. SIDDARAMAIAH. N. B. S/O LATE BASAVAIAH, AGED ABOUT 72 YEARS, R/A. NILLEGOWDANAPALYA, K.KALLAHALLI, K. KALLAHALLI, GUBBI TALUK, TUMAKURU - 572 220. 2. SRI. SHIVAKUAMAR S/O KANCHAPPA AGED ABOUT 47 YEARS, R/A. K.KALLAHALLI, K. KALLAHALLI, GUBBI TALUK, TUMAKURU - 572 220. 3. SRI. RAMEGOWDA S/O PUTTEWADA, AGED ABOUT 71 YEARS, HARAIVANAHALLI, KADABA, TUMAKUR - 572 219. 4. SRI. SURESH K H S/O LATE HONNALAGAIAH, AGED ABOUT 55 YEARS, R/A. NEAR VENKATESHWARA TEMPLE, KADABA HOBALI, GUBBI TALUK, TUMAKURU - 572 220. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27042 WP No. 7391 of 2025 5. SMT. KAMALAKSHAMMA, W/O. PRAKASHA, AGED ABOUT 49 YEARS, R/A. KADABA HOBLI, GUBBI TALUK, K.KALLAHALLI, TUMAKURU - 572 220. 6. SMT. BHAGYAMMA, W/O. CHANNAPPA, AGED ABOUT 59 YEARS, R/A. KADABA HOBLI, GUBBI TALUK, BITTAGONDANAHALLI, TUMAKURU - 572 220. …PETITIONERS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO. 1, ALI ASKER ROAD, VASANT NAGAR, BENGALURU - 560 052. 3. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, TUMKUR DISTRICT, MINI VIDHANA SOUDHA, 2ND FLOOR, ROOM NO. 305, DR. B.R. AMBEDKAR ROAD, TUMAKURU - 572 101. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, TUMAKURU SUB DIVISION, SAINT MARY'S SCHOOL ROAD, GANDHINAGARA, TUMAKURU - 572 102. - 3 - HC-KAR NC: 2025:KHC:27042 WP No. 7391 of 2025 5. THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVES ACT, 1959, KALLURU, GUBBI TALUK, TUMAKURU DISTRICT - 572 220, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R4; SRI. PRADEEP H.S, ADVOCATE FOR R5 AND ALSO FOR PROPOSED R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 04.03.2025, BEARING NO.SANKEY SANI- 32/AA.MAM.RA/COLUMN-31(1)/C.R-54/2024-25, ISSUED BY THE 4TH RESPONDENT-THE ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES, TUMAKURU SUB DIVISION, SAINT MARYS SCHOOL ROAD, GANDHINAGARA, TUMAKURU, APPOINTING AN ADMINISTRATOR TO 5TH RESPONDENT PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LIMITED, KALLURU, GUBBI TALUK, AND TUMAKURU DISTRICT, VIDE ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:27042 WP No. 7391 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs: a. Issue writ of certiorari or any other writ or order to quash the order dated 04.03.2025, bearing No.Sankhye.Sa.Ni-32/Aa.Man.Ra/Column-31(1)/C.R54/ 2024-25, issued by the 4th Respondent-The Assistant Registrar of Co-operative societies, Tumakuru Sub Division, Saint Mary's School Road, Gandhinagara, Tumakuru, appointing an administrator to 5th Respondent Primary Agriculture Credit Co-operative Society Limited, Kalluru, Gubbi Taluk, and Tumakuru District, vide Annexure-G. b. Declare that the 6th Petitioner is the elected member of the 5th Respondent Primary Agriculture Credit Co- operative Society Limited, Kalluru, Gubbi Taluk, and Tumakuru District, as per the Election certificate dated 23.11.2020, vide Annexure-F and alleged resignation of the 6th petitioner is void and can't be acted upon. c. Issue any other writ or order or orders as this Hon'ble Court be deems fit including the award of cost. 2. The petitioners claim to be the elected Directors of Respondent No.5/Society, they being twelve Directors elected; one Director was nominated; among the twelve elected Directors, two Directors expired and thereafter, even according to the - 5 - HC-KAR NC: 2025:KHC:27042 WP No. 7391 of 2025 petitioners fours Directors have resigned. It is contended that the 6th petitioner who is one of the Director had signed a resignation letter on account of misrepresentation by the CEO and is on account of the said resignation of the 6th petitioner being taken into account that the quorum not being satisfied, the Board stood dissolved. 3. If the contention of the 6th petitioner is accepted that there was no resignation submitted by the 6th petitioner, the quorum would stand satisfied and as such, learned counsel for the petitioner submits that the impugned order dated 04.03.2025 at Annexure-G is required to be quashed. 4. Having heard the learned counsel for the petitioners, it is not in dispute that the 6th petitioner has signed the resignation letter. The only contention raised is that her signature was obtained by misrepresentation. This Court, in a writ petition cannot deal with the aspect of misrepresentation. - 6 - HC-KAR NC: 2025:KHC:27042 WP No. 7391 of 2025 The same would have to be adjudicated before the appropriate authority, where these aspects would have to be considered after trial is held, i.e., by way of an appeal under Section 106(e) of the Karnataka Co-operative Societies Act, 1959. 5. Reserving such liberty, the petition stands disposed. SD/- (SURAJ GOVINDARAJ) JUDGE DH List No.: 1 Sl No.: 26 CT: BHK