- 1 - HC-KAR NC: 2025:KHC:24044 WP No. 15017 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.15017 OF 2025 (CS-RES) BETWEEN: 1. SRI. SHIVANNA S/O VENKATEGOWDA AGED 47 YEARS PRESIDENT/DIRECTOR J BYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT - 562 160 2. SRI.BASAVARAJU S/O SIDDAIAH AGED 42 YEARS VISE-PRESIDENT/DIRECTOR J BYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT - 562 160 3. SMT.VASANTAMMA W/O VENKATEGOWDA AGED 46 YEARS DIRECTOR J BYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT- 562 160 4. SRI. NANJUNDARADYA S/O SHANMUKHARADYA AGED 48 YEARS Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24044 WP No. 15017 of 2025 DIRECTOR J BYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT - 562 160 5. SRI. PUTTASWAMY S/O MANCHAICH AGED 50 YEARS DIRECTOR J BYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562 160 6. SRI. BASAVA S/O SIDDAIAH AGED 65 YEARS DIRECTOR J BYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562 160 7. SRI. THIMMEGOWDA S/O CHIKKANNA AGED 45 YEARS DIRECTOR J BYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562 160 …PETITIONERS (BY SRI.VARUN JAYKUMAR PATIL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION VIDHANA SOUDHA - 3 - HC-KAR NC: 2025:KHC:24044 WP No. 15017 of 2025 BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE REGISTRAR CO-OPERATIVE SOCIETIES ALI ASKER ROAD, BENGALURU - 560 051 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES RAMANAGARA SUB DIVISION RAMANAGARA 562 159 4. THE J BYADARAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY KASABA HOBLI CHANNAPATTANA TALUK RAMANAGARA DISTRICT 562 160 REP. BY ITS SECRETARY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 5. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA 562 159 6. THE BANGALORE URBAN, BANGALORE RURAL AND RAMNAGAR DISTRICT CO-OPERATIVE MILK PRODUCERS CO-OPERATIVE SOCIETY M.H MARIGOWDA ROAD DR COLLEGE POST BENGALURU - 560 029 REP. BY ITS SECRETARY REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …RESPONDENTS (BY SRI.YOGESH D.NAIK., AGA FOR R-1, R-2 & R-3; SRI.B.L.SANJEEV., ADVOCATE FOR R-6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 05.05.2025 PASSED BY R-3 VIDE ANNEXURE -E ETC/. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:24044 WP No. 15017 of 2025 CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: i) Issue a writ of certiorari quashing the order dated 05/05/2025 passed by Respondent No.3 vide Annexure-E. ii) Issue a writ of mandamus directing the Respondent no.4 to accept the delegation forms of the Petitioner Society and permit the petitioner society to vote in the election scheduled to be held on 25/05/2025 to the Respondent No.6 milk union iii) Issue any writ or order or direction as this Hon'ble court deems fit under the circumstances of the case. 2. What is under challenge is the appointment of the Special Officer under Section 31(1) of the Karnataka Cooperative Societies Act, 1959. 3. The submission of learned counsel for the petitioners is that petitioner No.2 and four other Directors were forced to sign the resignation letters and the said letters were back dated and as such, the same could not have been accepted and the respondents could not have come to a conclusion that on account of such acceptance, the quorum is not available and appointed a Special Officer. - 5 - HC-KAR NC: 2025:KHC:24044 WP No. 15017 of 2025 4. In the present petition, it is only one of the Directors i.e, petitioner No.2, who has submitted the resignation letter, is before this Court and the other four Directors are not before this Court. Without those four Directors having challenged the resignation, the question of consideration of the present petition only on the ground of petitioner No.2 not having submitted the resignation letter accompanied by other Directors who have submitted the resignation, is not maintainable as held by this Court in the case of Sri H.T. Munikumar and others v. The State of Karnataka and others1. 5. In that view of the matter, no grounds being made out, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 1 Sl No.: 24 1 W.P. No.22398 of 2023 (CS-RES) c/w W.P. No.23943 of 2023 (CS- RES) and W.P. No.23318 of 2023 (CS-EL/M) decided on 5th January, 2024.