- 1 - HC-KAR NC: 2025:KHC-D:16747-DB WA No. 100526 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. WRIT APPEAL NO.100526 OF 2025 (CS-RES) BETWEEN: 1. HANAMANTGOUDA, S/O LENKANAGOUDA PATIL, AGE. 50 YEARS, OCC. AGRICULTURE, R/O JUNNUR, TQ. MUDHOL, DIST. BAGALKOT-587 204. 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 YADAWAD, ADVOCATE) MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:16747-DB WA No. 100526 of 2025 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, THE DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, BAGALKOT, DIST. BAGALKOT-587 103. 3. THE ASSISTANT REGISTRAR OF COOPERATIVE 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, - 3 - HC-KAR NC: 2025:KHC-D:16747-DB WA No. 100526 of 2025 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. - 4 - HC-KAR NC: 2025:KHC-D:16747-DB WA No. 100526 of 2025 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, R/O CHIKKUR, TQ. MUDHOL, DIST. BAGALKOT-587 204. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1-R3; (NOTICE TO R4 TO R11-SERVED) THIS WRIT APPEAL IS FILED UNDER SEC.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO MODIFY THE IMPUGNED ORDER DATED 22.08.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.105925/2025 (CS-RES), BY GRANTING THE INTERIM ORDER AS PRAYED FOR IN THE SAID WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC-D:16747-DB WA No. 100526 of 2025 CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B. ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE S G PANDIT) The appellants, petitioners before the learned Single Judge in W.P. No.105925/2025, are before this Court under Section 4 of the Karnataka High Court Act, 1961, aggrieved by non-grant of the interim order by the learned Single Judge under the order dated 22.08.2025 passed in the aforesaid writ petition, wherein the petitioners had questioned the order of disqualification dated 21.03.2025 passed by respondent No.3- Assistant Registrar of Co-operative Societies, Jamkhandi, and rejection of their appeal by order dated 23.07.2025. The petitioners, in the writ petition, had also challenged the vires of sub-section (2-A) of Section 17 of the Karnataka Co- operative Societies Act, 1959 (for short, ‘the 1959 Act’). - 6 - HC-KAR NC: 2025:KHC-D:16747-DB WA No. 100526 of 2025 2. The petitioners had sought stay of the order dated 21.03.2025 passed by respondent No.3, disqualifying the petitioners’ membership to respondent No.4-Society on the ground that, in terms of Section 17(2-A) of the 1959 Act, the petitioners have failed to retain membership of any one society of their choice within a period of 90 days. It is to be noticed here itself that the petitioners were members of respondent No.5-Society first and, on formation of respondent No.4-Society, the petitioners had become members of respondent No.4-Society later. 3. Sri. Girish A.Yadwad, learned counsel for the appellants would submit that, on becoming members of respondent No.4-Society, the petitioners/appellants have not availed any benefit from respondent No.5-Society. Learned counsel would further submit that the endorsements at Annexure-B series were issued by the Chief Executive Officer of respondent No.5-Society stating that the - 7 - HC-KAR NC: 2025:KHC-D:16747-DB WA No. 100526 of 2025 appellants/petitioners have not utilized the service of respondent No.5-Society from 2004-05 to 2024-25. 4. This Court, by interim order dated 30.08.2025, had passed the following order: “Meanwhile, by way of an interim arrangement and without prejudice to the rights and contentions of the parties and subject to further order, all parties are directed to maintain status-quo in all respect as on today, in relation to the subject matter of the present appeal including the directorship of the appellants in respect of the 4th respondent – Society, till the next date of hearing.” 5. In the light of the above submission that the appellants/petitioners have not utilized the services of respondent No.5-Society on becoming members of respondent No.4-Society, and in the peculiar facts of the present case, the order, dated 21.03.2025, bearing PÀæ:¸ÀA: JDgï-8/J©J£ï/¹Dgï- 08/2024-25 (Annexure-D) passed by respondent No.3- Assistant Registrar of Co-operative Societies is stayed during the pendency of the writ petition. The appellants/petitioners - 8 - HC-KAR NC: 2025:KHC-D:16747-DB WA No. 100526 of 2025 shall not utilize the services of respondent No.5-Society and they shall give up their membership of respondent No.5-Society. With the above, the appeal stands disposed of. Pending interlocutory applications, if any, do not survive for consideration and the same is disposed of accordingly. Sd/- (S G PANDIT) JUDGE Sd/- (GEETHA K.B.) JUDGE KMS, CT:VP LIST NO.: 1 SL NO.: 30