- 1 - NC: 2025:KHC-D:4548-DB CCC No. 100080 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA CIVIL CONTEMPT PETITION NO. 100080 OF 2025 BETWEEN: 1. MILK PRODUCERS CO-OP SOCIETY LTD., MOTEBENNUR, TALUK BYADGI DIST. HAVERI BY ITS CHIEF EXECUTIVE OFFICER 2. MILK PRODUCERS CO-OP SOCIETY LTD., KADAMANAHALLI , TALUK BYADGI DIST. HAVERI-581106 BY ITS CHIEF EXECUTIVE OFFICER 3. SHRI BEERALINGASHWAR MILK PRODUCERS CO-OP SOCIETY LTD., KADARMANDALAGI, TALUK BYADGI DIST. HAVERI-581106 BY ITS CHIEF EXECUTIVE OFFICER 4. MILK PRODUCERS CO-OP SOCIETY LTD., BUDAPANAHALLI, TALUK, DIST. HAVERI-581106 BY ITS CHIEF EXECUTIVE OFFICER …COMPLAINANTS (BY SRI. K L PATIL, ADVOCATE) AND: 1. AZMAT ULLAH KHAN RETURNING OFFICER AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DIST. ADMINISTRATIVE BUILDING, HAVERI-581110. 2. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF CO-OPERATION, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4548-DB CCC No. 100080 of 2025 M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001 …ACCUSED THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, R/W ARTICLE 215 OF CONSTITUTION OF INDIA,1950, PLEASED TO TAKE COGNIZANCE OF THE OFFENCE OF THE ACTS OF ACCUSED UNDER THE CONTEMPT OF COURT ACT, 1971 FOR WILLFUL DISOBEDIENCE OF ORDER DATED 28.02.2025 PASSED BY LEARNED SINGLE JUDGE OF THIS COURT IN WP NO.100909/2025 (CS-ELE/M), VIDE ANNEXURE-A AND PUNISH THE ACCUSED NO.1 FOR THE OFFENCE PUNISHABLE UNDER THE CONTEMPT OF COURTS ACT, 1971. THIS CONTEMPT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) 1. This contempt petition is filed complaining disobedience of interim order dated 28.02.2025 by respondents No.1 and 2 in WP No.100909/2025. The operative portion of the said interim order reads as under: a. It is stated that Annexure-W would apply only in respect of persons who are members of the undivided society. Those members would be required to comply with Section 13d(ii-a), as also Section 20 (a-iv) and (a-v) of the Karnataka Co- operative Societies Act, 19591. 1 ‘Act, 1959’, for short - 3 - NC: 2025:KHC-D:4548-DB CCC No. 100080 of 2025 b. If a person has become a member of the bifurcated society, then the provision of Section 13d(ii-a) and Section 20(a-iv) and (a-v) would not be applicable. 2. Heard the learned counsel Sri. S.S. Beturmath for the complainants and perused the contempt petition papers. 3. Learned counsel for the complainants submitted that in pursuance of the interim order stated above, the complainants submitted a representation to the authorities to reject the nomination paper of Milk Producers Co-operative Society Limited, Sangur, Haveri Taluk2. It is his submission that in terms of the interim order passed by the learned Single Judge, the authorities ought to have rejected the nomination of the Society. As the nomination of the said Society is not rejected, learned counsel for the complainants would submit that the same would amount to contempt of interim order passed by this Court. 4. We are unable to accept the submission/contention of the complainants. A reading of the interim order passed by the learned Single Judge would indicate that the learned Single Judge has clarified only the position with regard to members of 2 ‘Society’, for short - 4 - NC: 2025:KHC-D:4548-DB CCC No. 100080 of 2025 the erstwhile Society and the bifurcated Society. The clarification would indicate that the members of the undivided Society would be required to comply with Section 13d(ii-a), as also Section 20(a-iv) and (a-v) of the Act, 1959. Further it also indicates that the provision of Section 13d(ii-a) and Section 20(a-iv) and (a-v) of the Act, 1959 would not be applicable to the members of the bifurcated Society. 5. In our view, there is no specific direction to anyone in the interim order passed by the learned Single Judge. Moreover, process of election is completed on 3.3.2025. If the complainants are aggrieved, it is open for them to raise election dispute. Accordingly, the contempt petition stands dismissed. All contentions of the complainants are kept open. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR LIST NO.: 1 SL NO.: 9