- 1 - HC-KAR NC: 2025:KHC:25612 WP No. 19268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.19268 OF 2025 (CS-RES) BETWEEN: SRI RAJASHEKARAIAH H.S. S/O SHANKARAIAH, AGED ABOUT 65 YEARS, R/AT HULIKERE, GONI SOMANAHALLI, HASSAN-573 121. …PETITIONER (BY SRI PRAKASHA K.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-01 REPRESENTED BY THE PRINCIPAL SECRETARY. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES HASSAN DISTRICT THE PLANTERS CO-OPERATIVE SOCIETY BUILDING KARIGOWDA COLONY, B.M.ROAD, HASSAN-573201. 3. RETURNING OFFICER, BELUR TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD., BELUR, HASSAN DISTRICT-573115. 4. SECRETARY BELUR TALUK AGRICULTURAL PRODUCE CO-OPERATIVE MARKETING SOCIETY LTD., Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25612 WP No. 19268 of 2025 BELUR, HASSAN DISTRICT – 573115. (REGISTERED UNDER CO-OPERATIVE SOCIETY) …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1 TO R-3; V/O. DATED 03/07/2025 NOTICE TO R-4 DEFERRED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE LETTER DATED 07.05.2025 ISSUED BY THE 2ND RESPONDENT VIDE ANNEXURE-A. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs; i. Issue a Writ of Certiorari setting aside letter dated 07.05.2025 issued by the 2nd respondent vide Annexure-A. ii. To grant such other and further reliefs as this Hon’ble court deems fit and necessary in the interest of justice and equity.” 2. The petitioner was elected as a Director of Halebeedu Primary Agriculture Co-operative Society Limited, Belur Taluk in 2020 and subsequently elected as a director of the Belur Taluk Agricultural Produce Co-operative Marketing Society Limited i.e., - 3 - HC-KAR NC: 2025:KHC:25612 WP No. 19268 of 2025 respondent No.4-herein, which is the Secondary Co-operative Society. 3. In the subsequent election to Halebeedu Primary Agriculture Co-operative Society Limited held on 08.03.2025, the petitioner was not successful, he being elected as a director of the said society. Hence, the respondent No.4 wrote a letter to the respondent No.2-Assistant Registrar of Co-operative Society (hereinafter referred to as “ARCS”) requesting for guidance in relation thereto. The ARCS advised respondent No.4 that in terms Section 18(B) of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as “KCS, Act 1959”), the petitioner being a delegate of Halebeedu Primary Agriculture Co-operative Society Limited the petitioner having lost the election to the post of Director of Halebeedu Primary Agriculture Co-operative Society Limited his delegation came to an end and as such he could not continue as a - 4 - HC-KAR NC: 2025:KHC:25612 WP No. 19268 of 2025 Director of the Secondary Society- Belur Taluk Agriculture Produce Co-operative Marketing Society Limited. It is challenging the same, that the petitioner is before this Court seeking for the aforesaid reliefs. 4. The submission of Sri.Prakasha.K.V., learned counsel for the petitioner is that before such an order had been passed, no notice had been issued to the petitioner. Furthermore, he submits that Section 18(B) of the KCS, Act 1959 would not be attracted to the present facts and situation. Since, the petitioner has already been elected as a Director of Belur Taluk Agriculture Produce Co-operative Marketing Society Limited. 5. Learned AGA by relying on the judgement in U.S. Mohan Reddy v. State of Karnataka, reported in ILR 2022 Kar 3543 more particular para 53, 54, 64, 65 and 66, submits that the election of the petitioner as a director of Belur Taluk Agriculture - 5 - HC-KAR NC: 2025:KHC:25612 WP No. 19268 of 2025 Produce Co-operative Marketing Society Limited was an account of him being delegated by Halebeedu and without such delegation he cannot continue as a Director. 6. Heard Sri.Prakasha.V., learned counsel appearing for the petitioner and Sri.Yogesh D.Naik., learned AGA appearing for respondents No.1 to 3. Perused papers. 7. The Hon’ble Division Bench of this Court has dealt with the above aspect and has held in U.S. Mohan Reddy's case that the delegation of a director from a Primary to Secondary or a Secondary to a Federal Society would come to an end on withdrawal of the delegation and/or the delegate not being elected as a director of the delegator-society. 8. In that view of the matter, the operation of Section 18 (B) of the KCS Act, 1959 is automatic, there will be no requirement to issue any notice to the petitioner or for the petitioner to be heard before any - 6 - HC-KAR NC: 2025:KHC:25612 WP No. 19268 of 2025 order is passed. The petitioner himself, having been unsuccessful in the election from that date i.e., 8.3.2025 the petitioner ceases to be a delegate of Halebeedu in Belur. 9. As such, I do not find any infirmity in the order passed, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 74