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2025 DAILYLAW 41808 (KAR)

SRI. A. GADIGEPPA v. STATE OF KARNATAKA

WP/16592/2022 · 2025-12-01

M G Uma

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49916 WP No. 16592 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 16592 OF 2022 (CS-RES) BETWEEN: 1. SRI. A. GADIGEPPA S/O SRI RAMESHAPPA AGED ABOUT 39 YEARS AGRICULTURIST, FORMER PRESIDENT, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217 2. SRI C MAHDU S/O SRI NAGENDRAPPA AGED ABOUT 37 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217 3. SRI S SHIVANANDAPPA S/O SRI MALLAPPA AGED ABOUT 46 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217 4. SRI B PARAMESHWARAPPA S/O SRI SIDDALINGAPPA AGED ABOUT 65 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:49916 WP No. 16592 of 2022 DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217 SENIOR CITIZEN BENEFIT NOT CLAIMED 5. SRI H RUDRAGOWDA S/O SRI MALLAPPA AGED ABOUT 55 YEARS FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, DODDEREHALLI, HONNALLI TALUK, DAVANAGERE DISTRICT-577217 6. SMT C P GOWRAMMA W/O SRI C PARAMESHWARAPPA AGED ABOUT 50 YEARS FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217 7. SRI B CHANNAVEERACHARI S/O SRI THIMMACHARI AGED ABOUT 55 YEARS FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217 …PETITIONERS (BY SRI. S V PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, M S BUILDING BENGALURU-560001 BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGRE SUB DIVISION OPP ANJANEYA TEMPLE VIDYANAGARA, DAVANGERE-577005 - 3 - HC-KAR NC: 2025:KHC:49916 WP No. 16592 of 2022 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES DAVANAGRE SUB DIVISION OPP ANJANEYA TEMPLE VIDYANAGARA, DAVANGERE-577005 4. THE DODDERAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED (REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959) DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT REPRESENTED BY ITS IN CHARGE SECRETARY, DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217 5. SRI C C SHEKHARAPPA S/O SRI BASAPPA AGED ABOUT 56 YEARS AGRICULTURIST, FORMER VICE PRESIDENT, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED DODDEREHALLI, HONNALLI TALUK DAVANAGERE DISTRICT-577217 6. SRI S VIRUPAKSHAPPA S/O SRI PARAMESHWARAPPA AGED ABOUT 55 YEARS, AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, DODDEREHALLI HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217 7. SRI M THIMMANAGOWDA S/O SRI MAHADEVAPPA AGED ABOUT 46 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO OPERATIVE SOCIETY LIMITED, DODDEREHALLI HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217 - 4 - HC-KAR NC: 2025:KHC:49916 WP No. 16592 of 2022 8. SMT HANUMAMMA W/O SRI SIDDAPPA AGED ABOUT 65 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, DODDEREHALLI, HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217 9. SMT MANJAMMA W/O SRI BASAPPA AGED ABOUT 45 YEARS AGRICULTURIST, FORMER DIRECTOR, MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, DODDEREHALLI, HONNALLI TALUK, DAVANAGERE DISTRICT - 577 217 …RESPONDENTS (BY SMT. CHANDINI .S., HCGP FOR R1-3 R4 & 7 - SD/- SRI. T. DADAKHALANDAR, ADVOCATE FOR R5 & 6, R8 & R9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ORDER DTD 30.06.2022 PASSED BY THE R2 IN CASE PRODUCED AS ANNEXURE-C CONFIRMING THE ORDER DTD 22.07.2021 PASSED BY THE R3 IN NO.SANI31/DAVA/29C(A)(C)/CR-02/2021-22 PRODUCED AS ANNEXURE-B TO THE WRIT PETITION AND AWARD THE COST OF THIS PROCEEDINGS AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 5 - HC-KAR NC: 2025:KHC:49916 WP No. 16592 of 2022 ORAL ORDER Learned counsel for respondent Nos.5, 6, 8 and 9 submits that petitioner Nos.1 to 7 were appointed as Directors during 2021, and their term of office of 5 years is already over. Fresh Election was held on 04.05.2025. Petitioner Nos.1 and 2 contested the said election and they were re-elected. Therefore, they are the Directors of the Society. 2. Learned counsel for respondent Nos.5, 6, 8 and 9 further submits that the order of disqualification of the petitioners is for a period of 3 years only. During that period of disqualification, they were barred from participating in any elections. However, in view of the interim order passed by this Court vide order dated 13.09.2022, petitioner Nos.1 and 2 have participated in the Election and they were re-elected. Even the period of disqualification of 3 years is already over and that will not come in way of petitioner Nos.1 and 2 holding office of Directorship, as they are successful in the election that was held on 04.05.2025. Therefore, he submits that the petition is not maintainable. - 6 - HC-KAR NC: 2025:KHC:49916 WP No. 16592 of 2022 3. Learned High Court Government Pleader also supports the contention raised by the contesting respondent Nos.5, 6, 8 and 9 and pray for dismissal of the petition. 4. Learned counsel for the petitioners submits that the only apprehension for petitioner Nos.1 and 2 is that even though they are re-elected in the election that was held on 04.05.2025, respondents may make the order of disqualification as a ground to challenge their re-election. 5. When the learned counsel for the contesting respondents as well as the learned High Court Government Pleader for respondent Nos.1 to 3 submit that the order of disqualification will not come in the way of petitioner Nos.1 and 2 as successful candidates in the election that was held on 04.05.2025, discharging their duties as Directors, I do not find any justification for the apprehension expressed by the learned counsel for the petitioners. 6. Placing submissions made by the contesting respondents on record, I proceed to pass the following: - 7 - HC-KAR NC: 2025:KHC:49916 WP No. 16592 of 2022 ORDER The writ petition is dismissed as having rendered infructuous. Sd/- (M G UMA) JUDGE BH CT:VS List No.: 1 Sl No.: 15