- 1 - HC-KAR NC: 2025:KHC-D:8009 WP No. 103208 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103208 OF 2025 (CS-RES) BETWEEN: 1. KALLAPPA S/O. KARIYAPPA CHOGALE, AGE: 45 YEARS, OCC: PRESIDENT-ALAKNUR VIVIDODESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY, R/O: ALAKANUR, TQ: RAIBHAG, DIST: BELAGAVI-591220. 2. SATTAYYA W/O VENKAPPA HASRE, AGE: 47 YEARS, OCC: DIRECTOR-ALAKNUR VIVIDODESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY, R/O: ALAKANUR, TQ: RAIBHAG, DIST: BELAGAVI-591220. 3. IRRAPPA S/O SIDDRAM BANI, AGE: 50 YEARS, OCC: DIRECTOR-ALAKNUR VIVIDODESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY, R/O: ALAKANUR, TQ: RAIBHAG, DIST: BELAGAVI-591220. 4. SHIVAPPA S/O YELLAPPA NAYAK, AGE: 52 YEARS, OCC: DIRECTOR-ALAKNUR VIVIDODESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY, R/O: ALAKANUR, TQ: RAIBHAG, DIST: BELAGAVI-591220. …PETITIONERS (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8009 WP No. 103208 of 2025 R/BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, BENGALURU-01. 2. THE DISTRICT REGISTRAR CO-OPERATIVE SOCIETY, BELAGAVI, DIST: BELAGAVI-590001. 3. ASSISTANT REGISTRAR CO-OPERATIVE SOCIETY CHIKKODI, DIST: BELAGAVI-591201. 4. THE CO-OPERATIVE SOCIETY DEVELOPMENT OFFICER, RAIBAG, TQ: RAIBAG, DIST: BELAGAVI-591317. 5. ALAKNOOR VIVIDODESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY R/BY: CHIEF EXECUTIVE OFFICER, TQ: RAIBAG, DIST: BELAGAVI- 591317. 6. ALAKNOOR VIVIDODESHA PRIMARY RURAL AGRICULTURAL CO-OPERATIVE SOCIETY R/BY: SECRETARY, TQ: RAIBHAG, DIST: BELAGAVI-591317. …RESPONDENTS (BY SMT.MALA B.BHUTE, AGA FOR R1 TO R4; SRI.S.M.TONNE, ADV. FOR R5; NOTICE TO R6 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION AND QUASH THE ORDER DATED 02.04.2025 BEARING NO.AR- 11/ELECTION/V.A/01/2025-26 PASSED BY THE 3RD RESPONDENT PRODUCED AT ANNEXURE - J ONLY INSOFAR AS PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. ii. ISSUE A WRIT IN THE NATURE OF MANDAMUS AND DIRECT 3RD RESPONDENT TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS PRODUCED AT ANNEXURES - K AND K1 DATED 28.04.2025 IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:8009 WP No. 103208 of 2025 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel for the petitioners on I.A.No.1/2025, learned AGA for respondent Nos.1 to 4 and the learned counsel Sri.S.M.Tonne for respondent No.5. 2. It appears that pursuant to the resignation submitted and in the absence of the Board of Directors, respondent No.4 came to be appointed as Special Officer and his appointment was made by respondent No.3- Assistant Registrar of Co-operative Society. 3. It is submitted by the learned counsel for the petitioners that in the earlier orders, respondent No.4- Special Officer was appointed as an Enquiry Officer based on the report submitted by him, which is stayed by this Court. Therefore he submits that it would not be appropriate for the respondent No.3 to appoint respondent No.4 as Special Officer as there would be bias. Under the circumstances, he seeks for a direction for the State to - 4 - HC-KAR NC: 2025:KHC-D:8009 WP No. 103208 of 2025 appoint any other Officer, other than the respondent No.4- Special Officer to the respondent No.5-Society. 4. The said submission is supported by the learned counsel for respondent No.5-Society. 5. I find some substance in the submissions made by the learned counsel for the petitioners, that respondent No.4 who was earlier appointed as the Enquiry Officer, would now be acting as Special Officer based on his own report. Such a procedure/method to be followed, may not be appropriate. Under the circumstances, I pass the following: ORDER i. Petition is allowed. ii. The respondent-State is directed to appoint any other person as Special Officer to the respondent No.5-Society, rather than respondent No.4. Therefore, the - 5 - HC-KAR NC: 2025:KHC-D:8009 WP No. 103208 of 2025 appointment of respondent No.4 as Special Officer is hereby set aside. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 3 Sl No.: 2