- 1 - HC-KAR NC: 2025:KHC:33661 WP No. 2997 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 2997 OF 2024 (CS-EL/M) BETWEEN: 1. GIRISH S/O GURUKARAPPA, AGED 35 YEARS. 2. KUMARA S/O MAHADEVAPPA AGED 40 YEARS. 3. NAGARAJU S/O ERAPPA AGED 48 YEARS. 4. V.K. BANKAPPA S/O KEMPAPPA AGED 52 YEARS. 5. SMT NEELAMMA W/O NAGANNA AGED 55 YEARS. 6. B GURUMALLAPPA S/O BASAVANNA AGED 46 YEARS. ALL ARE DIRECTORS OF BANDIWODANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, BANDIGOWDANAHALLI CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR - 571 127. …PETITIONERS (BY SRI. N.R. KRISHNAPPA, ADVOCATE) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33661 WP No. 2997 of 2024 AND: 1. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES, CHAMARAJANAGARA SUB DIVN., CHAMARAJANAGAR TALUK & DIST. PIN - 571 313. 2. BANDIWODANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, BANDIGOWDANAHALLI, CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR - 571 127 BY ITS CHIEF EXECUTIVE OFFICER (THE SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA CO-OPERATIVE SOCIETIES ACT AND ITS OBJECTS ARE TO COLLECT MILK FROM THE PRODUCERS AND TO SUPPLY THE SAME TO THE MILK UNION) 3. MAHADEVAPPA S/O MUDDANANJAPPA AGED 58 YEARS. 4. S GIRISH S/O SHIVANNA AGED 47 YEARS. 5. SMT GURUTHAYAMMA W/O BASAVANNA AGED 53 YEARS. 6. CHENNANAJAPPA S/O LATE MADAPPA AGED 58 YEARS. SL. NO.3 TO 6 ARE DIRECTORS BANDIWODANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, BANDIGOWDANAHALLI, CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR - 571 127. - 3 - HC-KAR NC: 2025:KHC:33661 WP No. 2997 of 2024 7. THE RETURNING OFFICER BANDIWODANAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, BANDIGOWDANAHALLI, CHAMARAJANAGAR TALUK AND DISTRICT CHAMARAJANAGAR - 571 127. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA, FOR R-1 & R-7; SRI M. CHIDANANDA KUMAR, ADVOCATE FOR R-3 TO R-6; SRI H.G. GOVINDA, ADVOCATE FOR R-2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS DT. 17/01/2024 HOLDING THERE WAS NO QUORUM IN THE MEETING AND THE SAME IS ADJOURNED TO 25/01/2024, THE COPY OF THE PROCEEDINGS DT. 17/01/2024, IS PRODUCED AT ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have challenged the proceedings of the meeting dated 17.01.2024, in terms of which it was held that there was no quorum and the meeting stood adjourned to 25.01.2024. The petitioners have sought for a writ in the nature of mandamus to direct the respondent No.7 to conduct a meeting to elect the president and vice-president of the respondent No.2. 2. The facts in brief are that the respondent No.2 is a Co-operative Society registered under the provisions of the - 4 - HC-KAR NC: 2025:KHC:33661 WP No. 2997 of 2024 Karnataka Co-operative Societies Act, 1959. It is administered by a board of directors comprised of twelve directors, amongst whom one is nominated by the State Government. It is stated that at the election held on 07.01.2024, out of twelve directors, nine were elected. A meeting was held on 17.01.2024 for election of the president and the vice-president of the board. However, there were only six directors, which did not constitute the quorum as prescribed under the by-laws of the respondent No.2. The meeting therefore stood adjourned. The petitioners have challenged the adjournment of the meeting in this writ petition. They have also sought for a direction to the respondent No.7 to hold a fresh meeting for election of the president and the vice-president of the respondent No.2, on the ground that the nominated director was absent on the said day and that if he was present, there would have been sufficient quorum. 3. The learned counsel for the petitioners reiterated the above contentions and submitted that as per the by-laws of the respondent No.2 the prescribed quorum for conducting a meeting is seven and that the petitioners were six directors and if the nominated director was present at the meeting, steps - 5 - HC-KAR NC: 2025:KHC:33661 WP No. 2997 of 2024 could have been taken for election. He therefore prays that direction be issued to the respondent No.7 to hold a fresh meeting. 4. The learned Additional Government Advocate submitted that on 17.01.2024, when a meeting was held, the nominated director was not present and therefore there was no quorum and hence, the adjournment of the meeting was in order. He contends that since there is no quorum, the respondent No.1 is entitled to take out proceedings for appointment of an administrator. He also contends that this writ petition is not maintainable before this Court and proper remedy is to approach the concerned authority for constitution of the board of management of the respondent No.2. 5. I have considered the submissions of the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent Nos.1 and 7. 6. As rightly contended by the learned Additional Government Advocate, in matters of this nature, a writ petition under Article 226 of the Constitution of India is not maintainable. The appropriate remedy for the petitioners was - 6 - HC-KAR NC: 2025:KHC:33661 WP No. 2997 of 2024 to approach the concerned authority for appropriate direction to convene a meeting of the directors. Nonetheless, it is seen that this Court in terms of an order dated 01.02.2024, had restrained the appointment of an administrator. Therefore, this Court is forced to decide the case notwithstanding the self- imposed restriction against exercise of jurisdiction under Article 226 of the Constitution of India. 7. The by-laws of the respondent No.2 show that the minimum quorum for conducting a meeting is seven. The petitioners claim that they are all elected directors of the respondent No.2 and since the respondent No.2 is an assisted society, the State Government has nominated one director. If the nominee of the State Government had attended the meeting dated 17.01.2024, there perhaps would have been sufficient quorum to elect the president and vice-president of the board of directors. Since the petitioners are elected directors, an opportunity deserves to be granted to them to participate in the meeting to elect the office bearers of the board of directors. 8. In that view of the matter, this writ petition is allowed-in-part. A direction is issued to the respondent No.7 - 7 - HC-KAR NC: 2025:KHC:33661 WP No. 2997 of 2024 to conduct a meeting of the board of directors for election of the office bearers of the board of management of the respondent No.2, within a period of two months from the date of receipt of a copy of this order. The government nominee shall attend the meeting of the directors without fail. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 34