- 1 - NC: 2025:KHC-D:6787-DB WA No. 100239 of 2025 IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.100239 OF 2025 (CS-RES) BETWEEN: 1. HANAMANTGOUDA S/O. LENKANAGOUDA PATIL, AGE: 50 YEARS OCC: AGRICULTURE, R/O: JUNNUR, TQ: MUDHOL, DIST: BAGALKOT-587204. 2. CHANNAPPA S/O. YAMANAPPA HEBBALLI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: JUNNUR, TQ: MUDHOL, DIST: BAGALKOT-587 204. 3. VITTAL S/O. HONNAPPA TUMMARAMATTI, AGE: 52 YEARS, OCC: AGRICULTURE, R/O: BHANTANUR, TQ: MUDHOL, DIST: BAGALKOT-587 204. …APPELLANTS (BY SRI GIRISH A.YADAWAD, ADVOCATE.) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, THE DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, BAGALKOT, DIST: BAGALKOT-587 103. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6787-DB WA No. 100239 of 2025 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, JAMKHANDI, DIST: BAGALKOT-587 103. 4. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, JUNNUR, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, TQ: MUDHOL, DIST: BAGALKOT-587 204. 5. PRATHAMIK KRUSHI PATTIN SAHAKARI SANGH NIYAMIT, CHIKKUR, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, TQ: MUDHOL, DIST: BAGALKOT-587 204. 6. VENKAPPA S/O. BANAGOUDA PATIL, AGE: MAJOR, OCC: AGRICULTURE, R/O: CHIKKUR, TQ: MUDHOL, DIST: BAGALKOT-587 204. 7. RANGAPPA S/O. NEELAPPA HULIGERI, AGE: MAJOR, OCC: AGRICULTURE, R/O: CHIKKUR, TQ: MUDHOL, DIST: BAGALKOT-587 204. 8. BALAPPA S/O. MALLAPPA MANG, AGE: MAJOR, OCC: AGRICULTURE, R/O: CHIKKUR, TQ: MUDHOL, DIST: BAGALKOT-587 204. 9. MAHADEV S/O. RACHAPPA PUJAR, AGE: MAJOR, OCC: AGRICULTURE, R/O: CHIKKUR, TQ: MUDHOL, DIST: BAGALKOT-587 204. 10. IRAPPA S/O. VENKAPPA SONNAD, AGE: MAJOR, OCC: AGRICULTURE, R/O: BHANTANUR, TQ: MUDHOL, DIST: BAGALKOT-587 204. 11. IRAPPA S/O. SHANKAREPPA NANADANNAVAR @ KATAGERI, AGE: MAJOR, OCC: AGRICULTURE, - 3 - NC: 2025:KHC-D:6787-DB WA No. 100239 of 2025 R/O: CHIKKUR, TQ: MUDHOL, DIST: BAGALKOT-587 204. …RESPONDENTS (BY SRI V.S. KALASURMATH, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R3; R.4 TO R.11 – SERVICE OF NOTICE DISPENSED WITH.) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO MODIFY THE IMPUGNED ORDER DATED 17.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.102548/2025 (CS-RES), BY GRANTING THE INTERIM ORDER AS PRAYED FOR IN THE SAID WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY, JUDGMENT IS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned Additional Government Advocate is directed to take notice for respondents No.1 to 3. Service of notice to private respondents No.4 to 11 is dispensed with taking note of the nature of disposal of the present Writ Appeal. 2. Heard the learned counsel Sri Girish A. Yadawad, for the appellants and learned Additional Government Advocate for respondents No.1 to 3. 3. This Writ Appeal is filed under section 4 of the Karnataka High Court Act, 1961, aggrieved by the order of - 4 - NC: 2025:KHC-D:6787-DB WA No. 100239 of 2025 learned single Judge dated 17.04.2025 in Writ Petition No.102548/2025 in not considering the interim prayer of the petitioner. 4. The petitioners are before learned single Judge questioning the non granting of interim order by respondent No.2/Deputy Registrar of Co-operative Societies (‘DRCS’ for short) in Appeal No.Kra/DRBGK/ABN/P.A.C.S.Ju.Chi/Kalam- 106/No.01/2025-26 dated 07.04.2025. 5. The petitioners are before the DRCS questioning the order dated 21.03.2025 passed by respondent No.3/Assisant Registrar of Co-operative Societies (‘ARCS’ for short), disqualifying the petitioners from the membership of the society, in exercise of his power under section 29-C(1)(h) of the Karnataka Co-operative Societies Act, 1959. In the appeal before the DRCS, the petitioners had sought interim order of stay of the said order dated 21.03.2025. When the DRCS by order dated 07.04.2025 rejected their interim prayer, the petitioners were before this Court in the above stated Writ Petition No.102548/2025 - 5 - NC: 2025:KHC-D:6787-DB WA No. 100239 of 2025 (CS-RES). As the learned single Judge also refused to grant interim order, the petitioners are before this Court. 6. Learned Additional Government Advocate on instruction submits that the appeal before the DRCS is listed on 29.04.2025 and on that day if this Court permits the DRCS would hear the application for stay afresh, and would pass appropriate order. 7. The grievance of the petitioners is that though before the DRCS several contentions are urged in support of the appeal as well as in support of interim application, DRCS rejected the application for stay without assigning any reason and without even considering the contentions raised by the petitioners. 8. In that view of the matter, it would be appropriate for the DRCS to consider the application for stay afresh. Moreover order of disqualification has serious consequences and DRCS is required to examine as to a case is made out for disqualification. - 6 - NC: 2025:KHC-D:6787-DB WA No. 100239 of 2025 9. The petitioners are functioning as directors of respondent No.4 society, since 14.12.2023. It would be appropriate to stay the impugned order of disqualification dated 21.03.2025 bearing No.AR-8/ABN/CR-08/2024-25 (Annexure-D) till consideration of application for interim stay by the 2nd respondent/DRCS. Accordingly the order bearing No.AR-8/ABN/CR-08/2024-25 dated 21.03.2025 (Annexure-D) shall not be given effect to till fresh orders are passed by DRCS considering application for stay or interim prayer. 10. The DRCS without being influenced by this order shall consider the said application for stay on its merit and pass appropriate order in accordance with law. 11. In view of the above, the Writ Appeal stands disposed of. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE MRK/ CT: UMD List No.: 1 Sl No.: 35