- 1 - HC-KAR NC: 2025:KHC:39825 WP No. 16234 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 16234 OF 2022 (CS-RES) BETWEEN: 1. SRI. KRISHNACHARI S/O MANCHACHARI AGED ABOUT 54 YEARS VICE PRESIDENT, GOVERNMENT PRIMARY SCHOOL TEACHERS CREDIT CO-OPERATIVE SOCIETY LTD, MANDYA TALUK AND DISTRICT - 571 401 2. SRI. K.R. RAMESH S/O RAMAKRISHNAIAH AGED ABOUT 46 YEARS DIRECTOR, GOVERNMENT PRIMARY SCHOOL TEACHERS CREDIT CO-OPERATIVE SOCIETY LTD., MANDYA TALUK AND DISTRICT - 571401 …PETITIONERS (BY SRI. SANDESH T.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 01. REPRESENTED BY ITS SECRETARY 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU DIVISION MYSURU 570 001. 3. THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES MANDYA, MANDYA DISTRICT - 571401 Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39825 WP No. 16234 of 2022 4. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES MANDYA SUB DIVISION MANDYA DISTRICT - 571 401 …RESPONDENTS (BY SRI. S.R. KHAMROZ KHAN, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 22.07.2022 BEARING NO.DRY/A14/PRA.64/01/2022-23 PASSED BY R2 VIDE ANNEXURE-C AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING - B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA ORAL ORDER The petitioners have approached this Court seeking issuance of writ in the nature of Certiorari, to quash the order dated 22.07.2022 passed by respondent No.2 produced as per Annexure-C. 2. It is the contention of petitioners that, they are the Directors of Government Primary School Teachers Credit Co- operative Society Ltd., which is registered under the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the KCS Act' for short). - 3 - HC-KAR NC: 2025:KHC:39825 WP No. 16234 of 2022 3. It is contended that a Notification was issued by respondent No.2 to hold an election for the society for the year 2022 - 2027 as per Annexures - A and B. When the election process has been started, about 242 members of the petitioner society gave a representation to respondent No.3 to conduct an enquiry alleging that some of the members have illegally signed in the attendance book of the Annual General Body Meeting held in the years 2018-19, 2019-20 and 2020-21. Based on the complaint, respondent No.2 passed the order dated 22.07.2022 produced as per Annexure-C which is impugned in this petition. As per the impugned order, the Registrar-respondent No.2 acting under Section 64 of the Act appointed an Enquiry Officer to hold an enquiry on the allegations. Hence, the petitioners are before this Court impugning the said order. 4. Heard Sri Sandesh T.B., the learned counsel for petitioners and Sri S.R.Khamroz Khan, the learned Additional Government Advocate for respondents. Perused the materials on record. 5. My attention was drawn to Section 106(E) of the KCS Act, whereas a separate provision is provided to prefer an - 4 - HC-KAR NC: 2025:KHC:39825 WP No. 16234 of 2022 appeal against the order that has been passed by the Registrar under Section 64 of the KCS Act. The petitioners have not availed the benefit of said provision by preferring an appeal before the Appellate Court, but they have straight away approached this Court. 6. Under Section 64 of the KCS Act, the Registrar is authorized on his own motion either by himself or by a person authorized by him, by order in writing to hold an enquiry into the matter specified in the order touching the Constitution, working and financial condition of the Cooperative society. Here the impugned notice makes it clear that there was a representation to respondent No.2 to take into consideration the allegations made therein. Respondent No.2 of his own motion appointed an Enquiry Officer to enquire into the allegations and to submit a report. Such an enquiry is prima- facie touching the working of the Cooperative society. Under such circumstances, I do not find any illegality in the impugned order passed by respondent No.2. Therefore, I do not find any merits in the petition filed by the petitioners. Accordingly, the petition deserves to be dismissed. - 5 - HC-KAR NC: 2025:KHC:39825 WP No. 16234 of 2022 Hence, the following: ORDER The petition is dismissed. Sd/- (M G UMA) JUDGE MKM CT:VS