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2025 DAILYLAW 50481 (KAR)

ADARSH PRATHAMIK KRISHI PATTIN SAHAKARI SANGH NIYAMIT v. THE STATE OF KARNATAKA

WP/107011/2025 · 2025-11-24

M Nagaprasanna

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16257 WP No. 107011 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 107011 OF 2025 (CS-RES) BETWEEN: 1. ADARSH PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, TERADAL, REPRESENTED BY ITS SECTRETERY/CEO ABHISHEK S/O. PRAKASH MULLATTI, AGE:28 YEARS,OCC: WORK. R/O TERADAL,TAL: TERADAL, DIST.: BAGALAKOTE, 587315. 2. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, TAMADADDI, REPRESENTED BY ITS SECRETARY/CEO RAJSHEKAR S/O. KUBER CHAVAJ AGE:58 YEARS, OCC: WORK. R/O TAMADADDI, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. 3. RATNATREY PRATHAMIK KRUSHI PATTIN SAHAKARIS ANGH NIYAMIT, TEARADAL, REPRESENTED BY ITS SECRETARY/CEO HARISH S/O. SHRIKANTMAGADUM AGE:33 YEARS, OCC: WORK. R/O GOLABAVI, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. 4. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, KALLATTI, REPRESENTED BY ITS SECRETARY/CEO BASAPPA S/O. NINGAPPA KALATIPPI AGE:50 YEARS, OCC: WORK. R/O TERADAL, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. 5. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, TERADAL, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16257 WP No. 107011 of 2025 REPRESENTED BY ITS SECRETARY/CEO MAHAVEER S/O. JAKKAPPASANAL AGE:44 YEARS, OCC: WORK. R/O TERADAL, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. 6. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, TEARADAL,WEST- REPRESENTED BY ITS SECRETARY/CEO RAJESH S/O. MAHADEV KHAVASI, AGE:48 YEARS, OCC: WORK. R/O TEARADAL, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. 7. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, HANAGANDI, REPRESENTED BY ITS SECRETARY/CEO KRISHNAPPA S/O. IRAPPA YARAKAD, AGE:54 YEARS, OCC: WORK. R/O HANAGANDI, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. 8. PRATHAMIKKRUSHIPATTIN SAHAKARISANGHNIYAMIT, YARAGATTI, REPRESENTED BY ITS SECRETARY/CEO ACHYUT S/O. RAGAVENDRA KOLAR, AGE:28 YEARS, OCC: WORK. R/O.ASANGI, TAL: RABAKAVIBANNAHATTI, DIST.: BAGALAKOTE, 587315. 9. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, KALATIPPI, REPRESENTED BY ITS SECRETARY/CEO PRAVEEN S/O. CHANDRAKANT JAGADAL, AGE:26 YEARS, OCC: WORK. R/O. KALATAPPI, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. 10. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, SASALATTI, REPRESENTED BY ITS SECRETARY/CEO GURUSHANTAYYA S/O SANGAYYAHIREMATH, AGE:51 YEARS, OCC: WORK. R/O. SASALATTI, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. - 3 - HC-KAR NC: 2025:KHC-D:16257 WP No. 107011 of 2025 11. PRATHAMIK KRUSHI PATTIN sAHAKARI SANGH NIYAMIT, GOLBHAVI, REPRESENTED BY ITS SECRETARY/CEO BHIMAPPA S/O. BASAPPA HUNNUR AGE:48 YEARS, OCC: WORK. R/O. GOLBHAVI, TAL: TERADAL, DIST.: BAGALAKOTE, 587315. &PETITIONERS (BY SRI. PRASHANT MATHPATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU 560 001 2. THE ELECTION OFFICER FOR FEDERAL CO-OPERATIVE SOCIETIES AND THE DEPUTY COMMISSIONER, BAGALKOT, DIST: BAGALKOT 587 101 3. THE BAGALKOT DISTRICT CENTRAL CO-OPERATIVE BANK LTD. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SECTOR NO. 24, NAVANAGAR, BAGALKOT DIST: BAGALKOT 587 101. &RESPONDENTS (BY SRI. RAMESH CHIGAR, AGA FOR R1; SRI. G.V.BHARAMAGOUDAR, ADVOCATE FOR R2; SRI. I.S.UPPIN, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING RESPONDENT NO.3-BAGALKOT DISTRICT CENTRAL CO-OPERATIVE BANK LTD., TO DULY CONSIDER THE PETITIONERS REPRESENTATION DATED 26.07.2025 AT VIDE ANNEXURE-C AND INCLUDE TERDAL TALUK SO AS TO PROVIDE FOR SEPARATE REPRESENTATION TO THE NEWLY CONSTITUTED TERDAL TALUK IN THE BOARD OF DIRECTORS. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO RESPONDENTS 1 AND 2 TO ENSURE COMPLIANCE WITH THE STATUTORY MANDATE UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, BY DIRECTING RESPONDENT NO.3 TO INCLUDE REPRESENTATIVE FROM - 4 - HC-KAR NC: 2025:KHC-D:16257 WP No. 107011 of 2025 TERDAL TALUK BEFORE HOLDING ELECTIONS TO ITS BOARD OF DIRECTORS AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: a. Issue a Writ of Mandamus or any other appropriate writ, order or direction directing Respondent no.3-Bagalkot District Central Co-Operative Bank Ltd., to duly consider the Petitioners Representation dated 26.07.2025 at vide Annexure-C and include Terdal Taluk so as to provide for separate representation to the newly constituted Terdal Taluk in the Board of Directors. b. Issue a writ of mandamus or any other appropriate writ, order or direction to Respondents 1 and 2 to ensure compliance with the statutory mandate under the Karnataka Co-Operative Societies Act, 1959, by directing respondent no.3 to include representative from Terdal Taluk before holding elections to its Board of Directors; c. Pass such other order or direction as this Hon9ble Court deems fit, in the interest of justice and equity. 2. The learned counsel appearing for the petitioners submits, in view of the averment in paragraph 6 of the Statement of Objections, the representation of the petitioner should merit consideration. - 5 - HC-KAR NC: 2025:KHC-D:16257 WP No. 107011 of 2025 3. The petitioners are before this Court in the vague of 3rd respondent taking steps to declare the elections and publish calendar of events of the Board of Directors without including Terdal Taluk9s representation. 4. Learned counsel for the petitioners, as observed hereinabove, submits that the case of the petitioners for consideration of the representation lies in paragraph 6 of the statement of objections. 5. Paragraph 6 of the statement of objections reads as follows. < 6. It is further respectfully submitted that the respondent No.3 Bank would like to bring to the notice of Hon'ble Court that the name of Terdal Taluka is also required to be added as per the procedure laid down in the byelaw of the Bank, section 28 A of the Karnataka Cooperative Societies Act-1959 and Rule No-6 of Karnataka Cooperative Societies Rule 1960, in the General Body Meeting by passing a resolution with 2/3rd majority of members present in the Meeting, by dully amending the byelaw and after getting the due approval and registered by the Joint Registrar Cooperative Societies.= 6. In the light of the averment in paragraph 6 of the Statement of Objections, I deem it appropriate to dispose of the writ petition with a direction to the respondent to consider the representation of the petitioners and pass necessary orders in - 6 - HC-KAR NC: 2025:KHC-D:16257 WP No. 107011 of 2025 accordance with law at any rate within four days from the date of receipt of copy of this order. It is made clear that this Court has not made any observation on the merit of the matter. Sd/- (M.NAGAPRASANNA) JUDGE Kmv CT-ASC