- 1 - HC-KAR NC: 2025:KHC-D:13440 WP No. 107147 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107147 OF 2025 (CS-EL/M) BETWEEN: SHRI CHANNAPPA S/O MALLIKARJUN MALAGI AGE. 47 YEARS, OCC. AGRICULTURE, R/O. KESARATTI 583227, TQ. GANGAVATHI, DIST. KOPPAL. …PETITIONER (BY SRI. AVINASH MALIPATIL, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS THE SECRETARY, DEPARTMENT OF CO OPERATION, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU 560001 2. THE COMMISSIONER CO-OPERATIVE ELECTION DEPARTMENT SHANTINAGAR, BENGALURU 560001 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES CO-OPERATIVE SOCIETIES, KALABURGI 585101 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES KOPPAL DISTRICT, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13440 WP No. 107147 of 2025 KOPPAL 583231. 5. THE GANGAVATHI TALUKA AGRICULTURAL PRODUCE MARKETING CO-OPERATIVE SOCIETY NIYAMIT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, GANGAVATHI 583227, TQ. GANGAVATHI, DIST. KOPPAL. 6. THE CO OPERATIVE DEVELOPMENT OFFICER AND RETURNING OFFICER THE GANGAVATHI TALUKA AGRICULTURAL PRODUCE MARKETING CO OPERATIVE SOCIETY NIYAMIT-583227, TQ. GANGAVATHI, DIST. KOPPAL. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI., AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 19.09.2025 AS PER ANNEXURE-M,N,P RESPECTIVELY AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for Respondents No.1 to 6. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ or order or direction in the nature of writ of mandamus directing the respondents to consider - 3 - HC-KAR NC: 2025:KHC-D:13440 WP No. 107147 of 2025 the representations dated 19.09.2025 as per Annexure-M,N,P respectively. b. Grant such other reliefs as deemed fit by this Hon’ble Court in the circumstances of the case, in the interest of justice and equity. 3. The grievance of the petitioner is that though the maximum strength of the Board of Directors of the Respondent No.5-Society is fifteen members, one of them has expired and two of them have been disqualified, leaving a total strength of twelve Directors. Despite which, the Respondents are insisting on 50% of the quorum of the full strength i.e., seven Directors. 4. Insofar as quorum is concerned, the quorum is required to be taken into consideration on the basis of the existing number of Directors and not on the total strength of Directors even after one of them has expired and two of them have been disqualified. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:13440 WP No. 107147 of 2025 ii) A mandamus is issued directing Respondents to consider the representations of the Petitioner dated 19.9.2025 at Annexures-M, N and P by approving the quorum for the existing number of Directors of Respondent No.5-Society. iii) Respondents shall act on the uploaded copy of the print out without insisting for a certified copy. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 22