- 1 - HC-KAR NC: 2025:KHC-D:12871 WP No. 106397 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106397 OF 2025 (CS-RES) BETWEEN: 1. SHRI. CHATRAPATI SHIVAJI MAHARAJ VIVIDODDHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT. KUNNUR, TQ: NIPPANI, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT AND SECRETARY SRI. ASHWIN CHENDAKE S/O RAMACHANDRA KUNNUR AGE: 40 YEARS, OCC.: PRESIDENT, R/O. KUNNUR, TQ: CHIKODI, DIST: BELAGAVI. REPRESENTED BY ITS SECRETARY SRI. RAJENDRA BHARAMU GORAWADE AGE: 50 YEARS, OCC.: SECRETARY R/O. C/O;BHARAMU GORAWADE, GORAWADE GALLI, MAMADAPUR K L, TQ: CHIKKODI, DIST: BELAGAVI. 2. SHRI. LAXMI BEERADEV VIVIDODDHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT, KODNI, TQ: NIPPANI, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT AND SECRETARY SRI. BABASAHEB SIDDU KHOT AGE: 55 YEARS, OCC.: PRESIDENT, R/O. KODNI, TQ: CHIKODI, DIST: BELAGAVI. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12871 WP No. 106397 of 2025 REPRESENTED BY ITS SECRETARY SRI. ARJUN BHAIRU KHAVARE AGE: 40 YEARS, OCC.: SECRETARY, R/O. 1188, NARSOBA NAGAR WARD NO-3, KODNI, TQ: CHIKODI, DIST: BELAGAVI. 3. SHRI. GANESH VIVIDODDHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT, PADALIHAL, TQ: NIPPANI, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT AND SECRETARY SRI. SANTHOSH DATTATRAY MORE AGE: 40 YEARS, OCC.: PRESIDENT, R/O. C/O DATTATRAY, GOTHAN GALLI, VTC: PADLIHAL, PO: PADLIHAL, TQ: CHIKKODI, DIST: BELAGAVI. REPRESENTED BY ITS SECRETARY SRI. SANTOSH PATIL S/O RAJARAM AGE: 35 YEARS, OCC.: SECRETARY, R/O. 278, PADLIHAL-591211, TQ: NIPPANI, DIST. BELAGAVI. 4. VEDAGANGA VIVIDODDHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT. APPACHIWADI, TQ: NIPPANI, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT AND SECRETARY, SRI. ABANE SAGAR S/O ABANE GANAPATHI AGE: 40 YEARS, OCC.: PRESIDENT, R/O. HOUSE NO- 558, APPACHIWADI 591241, TQ: NIPPANI, DIST: BALAGAVI. REPRESENTED BY ITS SECRETARY SRI. BAJIRAO DATTATRY KHOT AGE: 60 YEARS, OCC.: SECRETARY, R/O- APPCHIWADI-591241, TQ: NIPPANI, DIST: BELAGAVI. 5. SHRI. AMBIKA VIVIDODDHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT. - 3 - HC-KAR NC: 2025:KHC-D:12871 WP No. 106397 of 2025 MAMADAPUR K. L, TQ: NIPPANI, DIST: BELAGAVI REPRESENTED BY ITS PRESIDENT AND SECRETARY SRI. NIRANJAN SAMBHAJIRAO CHAVAN PATIL AGE: 50 YEARS, OCC.: PRESIDENT R/O. MAMADAPUR K L TQ: NIPPANI, DIST: BELAGAVI REPRESENTED BY ITS SECRETARY SRI. SAMBHAJI VASANT PATIL AGE: 45 YEARS, OCC.: SECRETARY R/O. 188/A, MAMADAPUR K L 591211 TQ: CHIKODI, DIST: BELAGAVI 6. SHRI. MASOBA VIVIDODDHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT. AMALZARI, TQ: NIPPANI, DIST: BELAGAVI REPRESENTED BY ITS PRESIDENT AND SECRETARY SRI. ABHIJEET SHASHIKANT KOUNDADE AGE: 47 YEARS, OCC.: PRESIDENT, R/O. 90, PATIL GALLI, AMALZARI 591238, TQ: NIPPANI, DIST: BELAGAVI. REPRESENTED BY ITS SECRETARY SRI. ANIL KHOT S/O: RAVASAHEB, AGE: 50 YEARS, OCC.: SECRETARY R/O. #21/B AMALZARI, TQ: NIPPANI, DIST: BELAGAVI, 7. SHRI. AMBIKA VIVIDODDHESHA PRATHAMIK GRAMEEN KRUSHI SAHAKAR SANGH NIYAMIT. NAGANUR, TQ: NIPPANI, DIST: BELAGAVI, REPRESENTED BY ITS PRESIDENT AND SECRETARY SRI. SACHIN SHANTINATH KHOT AGE: 42 YEARS, OCC.: PRESIDENT, R/O. 385, KHOT MALA NAGANUR TQ: NIPPANI, DIST: BELAGAVI 591241. - 4 - HC-KAR NC: 2025:KHC-D:12871 WP No. 106397 of 2025 REPRESENTED BY ITS SECRETARY SMT. AMRUTA SACHIN KHOT AGE: 32 YEARS, OCC.: SECRETARY, R/O. 385, KHOT MALA NAGNUR 591241, TQ: NIPPANI, DIST: BELAGAVI. …PETITIONERS (BY SRI. N.D. GUNDE, ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION, VIDHANA SOUDHA, BANGALORE-01. 2. THE STATE CO-OPERATIVE ELECTION AUTHORITY 3RD FLOOR, A BLOCK SHANTI NAGAR, TTMC BUILDING, BENGALURU-560002, REPRESENTED BY ITS COMMISSIONER. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BELAGAVI DISTRICT, BELAGAVI 590001. 4. THE BELAGAVI DIST. CENTRAL CO-OPERATIVE BANK LTD., BELAGAVI, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, HEAD OFFICE, NEAR CENTRAL BUS STAND, BELAGAVI 590016. …RESPONDENTS (BY SRIYUTHS. RAMESH B. CHIGARI, AGA FOR R1 AND R3; G.V. BHARMAGOUDAR, ADVOCATE FOR R2; P. ANANDSHETTY AND K. ANANDKUMAR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4/ BANK TO RE-CONSIDER THE MEMBERSHIP OF PETITIONER SOCIETY IN PURSUANCE OF REPRESENTATION - 5 - HC-KAR NC: 2025:KHC-D:12871 WP No. 106397 of 2025 MADE AT ANNEXURE-B TO B6, ALTERNATIVELY. 2. TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 4TH RESPONDENT/BANK TO CONSIDER THE REPRESENTATIONS OF PETITIONER SOCIETY AT ANNEXURE-E TO E6 WHICH IS RECEIVED ON 19/08/2025 IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: 1. Issue a Writ in the nature of Mandamus directing the respondent no.4/ Bank to Re- Consider the membership of petitioner society in pursuance of representation made at Annexure-B to B6, alternatively. 2. To issue writ in the nature of mandamus directing the 4th respondent/Bank to consider the representations of petitioner society at Annexure-E to E6 which is received on 19/08/2025 in accordance with law. 2. The petitioners have submitted an application for admission as members of the respondent No.4 Federal Society. The said application was returned by the respondents on the ground that the documents were - 6 - HC-KAR NC: 2025:KHC-D:12871 WP No. 106397 of 2025 not submitted in a proper manner and/or all the documents were not submitted. 3. It is in that background that this Court, vide its order dated 08.09.2025, had called upon the counsel for respondent No.4 to obtain instructions and make a submission as to what the pending documents submitted by the petitioners are for the consideration of the membership application. Today, learned counsel for the respondent No.4 has submitted that, since the documents have been returned to the petitioner, the respondents are not aware as to what documents had not been submitted and are unable to make their submission in relation thereto. 4. The said submission, in my considered opinion, is a completely mischievous submission, inasmuch as there was no provision for the respondents to have returned the application of the petitioner on the ground that all documents had not been submitted. If - 7 - HC-KAR NC: 2025:KHC-D:12871 WP No. 106397 of 2025 at all, all documents had not been submitted, the respondents ought to have passed an order rejecting the application of the petitioners for admission into membership of respondent No.4 Society. It appears that it is a ruse resorted to by respondent No.4 to avoid admission of members, taking into consideration that there is an election to the Federal Society which is scheduled shortly. 5. In that view of the matter, apart from imposing costs on the respondents and directing the Registrar to take necessary action against respondent No.4, I pass the following: ORDER i. Writ petition is allowed. ii. A mandamus is issued, directing respondent No.4 to reconsider the application of the petitioners within a period of ten days from the date of resubmission of - 8 - HC-KAR NC: 2025:KHC-D:12871 WP No. 106397 of 2025 the application by the petitioners, which shall be resubmitted within a period of four days from today. iii. Since the conduct of respondent No.4 is contrary to the applicable provision of law, the Registrar of Cooperative Societies is directed to initiate necessary enquiry against respondent No.4 in rejecting the applications filed for membership and take such action as is necessary against all the officers of respondent No.4, as may be permissible under law. A report of the Registrar is to be placed on record within a period of four weeks from today. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT:PA List No.: 1 Sl No.: 280