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2025 DAILYLAW 48552 (KAR)

ULIYARAGOLI MILK PRODUCERS COOPERATIVE SOCIETY LTD v. THE STATE OF KARNATAKA

WP/22240/2024 · 2025-07-08

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22240 OF 2024 (CS-EL/M) C/W WRIT PETITION NO. 22250 OF 2024 (CS-EL/M) IN WP No. 22240/2024 BETWEEN: 1. ULIYARAGOLI MILK PRODUCERS COOPERATIVE SOCIETY LTD ULIYARAGOLI VILLAGE, KAPU TALUK, UDUPI DISTRICT - 574 106 REPRESENTED BY ITS DIRECTOR KAPU DIWAKARA SHETTY S/O BABU SHETTY AGED ABOUT 66 YEARS 2. KAPU DIWAKARA SHETTY S/O BABU SHETTY AGED ABOUT 66 YEARS DIRECTOR KARNATAKA MILK FEDERATION LTD R/O KOTHWALAGUTTU HOUSE, ULIYARAGOLI VILLAGE, KAPU TALUK, UDUPI DISTRICT - 574 106 3. K.MUTTUKADAHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD K.MUTTUKADAHALLI VILLAGE, SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT - 562 102 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 REPRESENTED BY ITS DIRECTOR R.SRINIVAS S/O B.RAMAIAH AGE 51 YEARS 4. R.SRINIVAS S/O B RAMAIAH AGE 51 YEARS DIRECTOR KARNATAKA MILK FEDERATION LTD R/O K. MUTTUKADAHALLI VILLAGE, CHEEMANGALA, CHIKKABALLAPURA DISTRICT - 562 102 5. MADHIHALLI MILK PRODUCERS COOPERATIVE SOCIETY LTD MADHIHALLI VILLAGE, THIPTUR TALUK, TUMAKURU DISTRICT – 572 201 REPRESENTED BY ITS DIRECTOR M.K. PRAKASH S/O M.G. KUMARASWAMY AGE 60 YEARS 6. M.K. PRAKASH S/O M G KUMARASWAMY AGE 60 YEARS, DIRECTOR KARNATAKA MILK FEDERATION , R/O MADHIHALLI K.R. EXTENSION TIPTUR TALUK, TUMAKUR DISTRICT – 572 201 THE PETITIONER NO. 1,3,5, SOCIETY ARE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT- 1959) …PETITIONERS (BY SRI. SANDESH.T.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA - 3 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE STATE CO OPERATIVE ELECTION COMMISSION 3RD FLOOR, SHANTHI NAGAR, TTMC ‘A’ BLOCK, SHANTHINAGAR BANGALORE - 560 027 REPRESENTED BY ITS SECRETARY 3. REGIONAL COMMISSIONER AND ELECTION OFFICER BENGALURU REGION OFFICE OF REGIONAL COMMISSIONER, K.H.ROAD, 2ND FLOOR, B M T C BUILDING BENGALURU. 4. KARNATAKA CO OPERATIVE MILK PRODUCERS FEDERATION LTD DR. MARIGOWDA ROAD, BANGALORE - 560 029 BY ITS MANAGING DIRECTOR 5. DAKSHINA KANNADA CO OPERATIVE MILK PRODUCERS UNION LIMITED KULSHEKAR, MANGALURU - 575 005 REPRESENTED BY ITS MANAGING DIRECTOR 6. KOLAR CHIKKABALLAPUR DISTRICT CO OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., KOLAR DAIRY NATIONAL HIGHWAY NO 04, POST OFFICE NO 63, KOLAR - 566 102 REPRESENTED BY ITS MANAGING DIRECTOR - 4 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 7. TUMKUR DISTRICT CO OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD NATIONAL HIGHWAY - 206, MALLASANDRA, TUMKUR DISTRICT – 572 107 REPRESENTED BY ITS MANAGING DIRECTOR 8. KOLAR DISTRICT CO-OPERATIVE MILK PRODUCER'S SOCIETIES UNION LTD. KOLAR DAIRY, NATIONAL HIGHWAY NO.-4, POST OFFICE NO.63, KOLAR – 566 102, REP. BY ITS MANAGING DIRECTOR. RESPONDENT NO 4 TO 7 ARE ALL REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) …RESPONDENTS (BY SRI. A.S.HARISH, AGA FOR R1 &R3 (MA NOT FILED) SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI. SUMANTH.L.BHARADWAJ, ADVOCATE FOR R4; R-5 DAKSHINA KANNADA CO-OPERATIVE MILK PRODUCERS UNION LTD R7- TUMKUR DISTRICT CO OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-J DTD. 01.08.2024 NO. 02/KAHAMA/ADALITHA-08/2024 ISSUED BY THE R-4 AND ETC. IN WP NO. 22250/2024 BETWEEN: 1. JINKEBACHENAHHALI MILK PRODUCERS COOPERATIVE SOCIETY LTD JINKEBACHENAHALLI VILLAGE, DODDABALAPURA TALUK, BENGALURU URBAN DISTRICT - 5 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 REPRESENTED BY ITS DIRECTOR ANANDA KUMAR S/OPATALAPPA AGED ABOUT 47 YEARS 2. ANAND KUMAR S/O PATALAPPA AGED ABOUT 47 YEARS DIRECTOR KARNATAKA MILK FEDERATION LTD R/O JINEKEBACHENAHALLI VILLAGE, DODDABALAPURA TALUK, 3. ADVAI ANANDAEVANAHALLI MILK PRODUCERS CO OPERATIVE SOCIETY LTD ADAVI ANANDAVENAHALLI HAGARI BOMMANAHALLI, VIJAYANAGARA DISTRICT REPRESENTED BY ITS DIRECTOR L.B.P BHEEMA NAIK S/O SATHYA NAIK AGED 49 YEARS 4. L.B.P BHEEMA NAIK S/O SATHYA NAIK AGED ABOUT 49 YEARS DIRECTOR KARNATAKA MILK FEDERATION LTD R/O 3RD WARD NEAR NEELAKANTESHWARA TEMPLE OLD HAGARIBOMMAHALLI VTC HAGARIMBOMMAHALLI HAGARIBOMMANAHALLI VIJAYANAGARA DISTRICT 5. YAADALAGATTE MILK PRODUCERS CO OPERATIVE SOCIETY LTD YADALAGATTE, CHALLKERE TALUK, CHITRADURGA DISTRICT, REPRESENTED BY ITS DIRECTOR - 6 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 VEERABHADRA BABU S/O CHELLURAIAH AGED 63YEARS 6. VEERABHDRA BAHU S/O CHELLURAIAH AGED 63 YEARS DIRECTOR KARANTAKA MILK FEDERATION R/O SRIRANGA H P ROAD THYAGARAJA NAGARA, CHELKERE, CHITRADURGA DISTRICT. 7. THIPAIKOPPA MILK PRODUCERS CO OPERATIVES SOCIETY LTD THIPAIKOPPA TALUK RATTIHALLI HAVERI DISTRICT REP BY ITS DIRECTOR HANUMANTHEGOWDA BASANAGOWDA BHARAMANANVAR S/O BASANAGOWDA BHARAMANANAVAR AGED 66YEARS 8. HANUMANTHEGOWDA BASANAGOWDA BHARAMANNAVAR S/O BASANAGOWDA BHARAMANNAVAR AGED 66 YEARS DIRECTOR OF THE KARNATAKA MILK FEDERATION LTD R/O THAIPPAIKOPPA POST MARSUR TQ RETTIHALLI DISTRICT HAVERI (THE PETITIONER NO. 1,3,5,7 SOCIETY ARE REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT- 1959) ...PETITIONERS (BY SRI. DEVI PRASAD SHETTY, ADVOCATE) - 7 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION M.S. BUILDING DR B.R. AMBEKDAR VEEDHI BENGALURU - 560 001 REP BY ITS PRINCIPAL SECRETARY 2. THE STATE CO OPERATIVE ELECTION COMMISSION 3RD FLOOR SHANTHI NAGAR TTMC A BLOCK, SHANTHI NAGAR, BANGALORE - 27 REPRESENTED BY ITS SECRETARY 3. REGIONAL COMMISSIONER AND ELECTION OFFICER BENGALURU REGION OFFICE OF REGIONAL COMMISSIONER K H ROAD, 2ND FLOOR, BMTC BUILDING, BENGALURU - 560 027 4. KARNATAKA CO OPERATIVE MILK PRODUCERS FEDERATION LTD DR.MARIGOWDA ROAD BANGALORE – 560 029 BY ITS MANAGING DIRECTOR 5. BENGALURU DISTRICT BENGALURU RURAL AND RAMANAGARA DISTRICT CO OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD DR M.H. MARIGOWDA ROAD BENGALURU – 560 029 REP BY ITS MANAGING DIRECTOR 6. RAICHUR KOPPAL VIJAYANAGAR DISTRICT CO OPERATIVE MILK - 8 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 PRODUCERS SOCIETIES UNION LTD BELLARY DISTRICT SANJAY GANDHI NAGAR CANTONMENT BALLARI – 583 104 REPRESENTED BY ITS MANAGING DIRECTOR 7. SHIVAMOGGA DAVANAGERE AND CHITRADURGA DISTRICT CO OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD MANHCEHANLLI POST SHIVAMOGGA - 577 222 REPRESENTED BY ITS MANAGING DIRECTOR 8. HAVERI DISTRICT CO OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD SHIVALINGANAGAR SHIVALINGANAGAR HAVERI – 581 110 REPRESENTED BY ITS MANAGING DIRECTOR (RESPONDENT NO 4 TO 8 ARE ALL REGISTERED UNDER KARNATAKA CO OPERATIVE SOCIETIES ACT 1959) ...RESPONDENTS (BY SRI. A.S.HARISH, AGA FOR R1 &R3 (MA NOT FILED) SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2; SRI. SUMANTH.L.BHARADWAJ, ADVOCATE FOR R4 &R6; SRI.B.L. SANJEEV, ADVOCATE FOR R5 SRI.DAYANAND.S.PATIL ADVOCATE FOR R7 R8 - HAVERI DISTRICT CO OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD HAVERI SERVED) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-K DTD. 01.08.2024 NO. 02/KAHAMA/ADALITHA-08/2024 ISSUED BY THE R-4 AND ETC. - 9 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: “IN WP.No. 22240/2024 i. Issue writ in the nature of certiorari quashing Annexure J
dated 01.08.2024 No 02/ KAHAMA/ ADALITHA-08/2024
issued by the respondent no 4. ii. Issue a writ of mandamus directing the respondent no 2,3 and 4 to hold and conduct the elections to the respondent no 4 as by issuing notice to the all the member district milk unions afresh as per the state government order dated 13.06.2024
produced at Annexure-H after complying section 20 (2)(a-iv)(a-v) of KCS Act 1959 and rule 13 D- ( 2)(2-A) of the KCS Rules. iii. Grant such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of justice. IN WP.No. 22250/2024 i. Issue writ in the nature of certiorari quashing Annexure-K dated 01/08/2024, No 02/ KAHAMA/ ADALITHA-08/2024 issued by the respondent no 4. in so far as petitioner concerned ii. Issue a writ of mandamus directing the respondent no 2,3 and 4 to hold and conduct the elections to the respondent no 4 by
issuing notice - 10 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 to the all the member district milk unions afresh Vide.No, CO 34 CLM 2024 (E) Q as per the state government order, dated 13/06/2024 produced at Annexure J after complying section 20 (2)(a- iv)(a- v) of KCS Act 1959 and rule 13 D- ( 2)(2-A) of the KCS Rules. iii. Grant such other relief/s as this Hon'ble Court deems fit in the facts andw circumstances of the case in the interest of justice.” 2. Learned counsel for respondent No.4 submits that the election to 14 of the constituted members of respondent No.4 federation had been held. The election in respect of two constituted members are yet to be held and notice under Section 13D of the Karnataka Co-operative Societies Rules, 1960 are yet to be issued. 3. Learned AGA submits that the said notice would be issued by the Administrator forthwith and the matter be proceeded with. 4. He further submits that the election to those two constituent members would be complete within a period of *210 days from today and thereafter the election to the fourth respondent would be taken up. *Corrected vide Court Order dated 25.07.2025 - 11 - HC-KAR NC: 2025:KHC:24800 WP No. 22240 of 2024 C/W WP No. 22250 of 2024 5. His submission answers the grievance of the petitioners. Placing his submission on record, the petitions stand disposed of reserving liberty to the petitioners to agitate any other issues that may arise out of the said election process. 6. In view of disposal of the petitions, all pending applications stand disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE KTY List No.: 2 Sl No.: 1