- 1 - HC-KAR NC: 2025:KHC:38222 WP No. 28649 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. 28649 OF 2025 (GM-KSR) BETWEEN: 1. SRI R T DYAVEGOWDA S/O LATE THIMMEGOWDA, AGED ABOUT 91 YEARS, CHAIRMAN, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 2. SRI C R JAGADEESH S/O C M RANGEGOWDA, AGED ABOUT 58 YEARS, SECRETARY, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 3. SRI H D PRASHWANATH S/O H P DHARANAPPA, AGED ABOUT 75 YEARS, TREASURER, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 …PETITIONERS (BY SRI. RAVI M.M., ADVOCATE) Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38222 WP No. 28649 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, REP. BY ITS PRINCIPAL SECRETARY, M.S.BUILDING, BENGALURU-560001 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BENGALURU-560052 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES THE PLANTERS CO OPERATIVE SOCIETY BUILDING, KARIGOWDA COLONY, B M ROAD, HASSAN-573201 4. SRI B R GURUDEV S/O RAJASHEKAR, AGE MAJOR, VICE PRESIDENT, MEMBER, EXECUTIVE COMMITTEE, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 5. SRI K N GURUPPA S/O NANJAPPA, AGE MAJOR, VICE PRESIDENT, MEMBER, EXECUTIVE COMMITTEE, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 6. G R SRINIVAS S/O G RAMASWAMY, AGE MAJOR, JOINT SECRETARY, - 3 - HC-KAR NC: 2025:KHC:38222 WP No. 28649 of 2025 MEMBER, EXECUTIVE COMMITTEE, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 7. SRI G T KUMAR S/O G A THIMMAPPA GOWDA, AGE MAJOR, DIRECTIR, MEMBER, EXECUTIVE COMMITTEE, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 8. SRI S G SRIDHARA S/O GUNDURAO, AGE MAJOR, DIRECTOR, MEMBER, EXECUTIVE COMMITTEE, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 9. SRI D C ARAVIND S/O D A CHANDRE GOWDA, AGE MAJOR, DIRECTOR, MEMBER, EXECUTIVE COMMITTEE, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, VIDYANAGAR, HASSAN-573201 10. SRI K PRABHAKARA S/O K A KRISHNAMURTHY, AGE MAJOR, DIRECTOR, MEMBER, EXECUTIVE COMMITTEE, THE MALNAD TECHNICAL EDUCATION SOCIETY (REGD), M.G. ROAD, - 4 - HC-KAR NC: 2025:KHC:38222 WP No. 28649 of 2025 VIDYANAGAR, HASSAN-573201 …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 TO R3 SRI. JAYAKUMAR S. PATIL, SR. ADVOCATE FOR SRI. R. HEMANTH RAJ, ADVOCATE FOR R4 TO R7 SRI. R. SUBRAMANYA, ADVOCATE FOR R8 NOTICE DISPENSED VIDE R9 TO R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE / QUASH THE IMPUGNED ENDORSEMENT DATED 17.09.2025 BEARING NO. DRH/S-14A/ SANGHA- SAMSTE/ SABHE/2025/26 ISSUED BY THE R3 VIDE ANNEXURE-A BY ISSUE OF WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 5 - HC-KAR NC: 2025:KHC:38222 WP No. 28649 of 2025 ORAL ORDER The petitioners are the Chairman, the Secretary and the Treasurer of Malnad Technical Education Society – ‘the society', and the controversy is with the private respondents asserting that the petitioners cannot continue in office because the No Confidence Motion is successfully carried against them in the Meeting on 08.09.2025 overseen by the Observer appointed by the Registrar of the society. The petitioners have called in question the Endorsement dated 17.09.2025 [Annexure - A] issued by the third respondent based on the Tahsildar's Report. The third respondent has opined that the others who have continued [i.e., those other than the petitioners] must oversee the day-to-day affairs of the different educational institutions run under the aegis of the Society. 2. Significantly, these very petitioners, on behalf of the Society, have instituted a suit in - 6 - HC-KAR NC: 2025:KHC:38222 WP No. 28649 of 2025 O.S.No.762/2025 for declaration such as that they have been duly elected to the respective offices and that the Meeting on 08.09.2025 is illegal. The petitioners have also sought a permanent injunction from interfering with the administration of the Society. It is undisputed that these petitioners have filed an interim application for orders of the civil Court restraining the private respondents from overseeing the affairs of the society and that these applications are pending consideration. 3. Mr. Ravi M M, the learned counsel for the petitioners, Mr. Jayakumar S. Patil, the learned Senior counsel who appears for Mr. R. Hemanth Raj [the learned counsel on record for the fourth respondent, who also accepts notice for the fifth to the seventh respondents], and Mr. R. Subramanya, the learned counsel for the eighth respondent, are heard for final disposal of the petition dispensing with - 7 - HC-KAR NC: 2025:KHC:38222 WP No. 28649 of 2025 notice to the other respondents who, it is stated, support the petitioners. 4. When queried on the efficacy of the third respondent's observations in the impugned Endorsement, there is unanimity between the learned Senior counsel and the other learned counsels that should be subject to the decision of the civil Court in the pending suit in O.S.No.762/2025 and that indeed must be so given the framework under the Karnataka Societies Registration Act, 1960. Further, the factual questions on how the meeting went forward and whether a No-Confidence Motion could even be moved are all aspects that are already pending before the civil Court. 5. The civil Court must decide on the same finally, as also in deciding the applications pending at the interim stage based on the affidavits that are filed. Any interference at this stage would cause multiplicity of proceedings on the same question. As - 8 - HC-KAR NC: 2025:KHC:38222 WP No. 28649 of 2025 such, this Court is not inclined to interfere, and this Court opines that the petition must stand disposed of observing that all aspects must be decided by the civil Court and the third respondent's Endorsement will be subject to such decision. The petition stands disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE RB