- 1 - HC-KAR NC: 2025:KHC:25613 WP No. 19263 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.19263 OF 2025 (CS-RES) BETWEEN: A.H. RAMESHA S/O HANUMAIAH, AGED ABOUT 52 YEARS, R/O AJJAHALLY VILLAGE, MALAGARANAHALLI POST, KASABA HOBLI, MADDUR TALUK, MANDYA DISTRICT-571428. …PETITIONER (BY SRI K.L. SREENIVAS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560010. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MANDYA SUB-DIVISION, MANDYA-571401. 3. MANDYA DISTRICT CO-OPERATIVE PRINTING AND PUBLISHING HOUSE LTD., (A CO-OPERATIVE SOCIETY ACT) NO.1156, 1ST CROSS, ASHOK NAGAR, MANDYA-571401, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25613 WP No. 19263 of 2025 4. SHIMSHA CO-OPERATIVE BANK LTD., MADDUR, MANDYA DISTRICT-571428, REP. BY ITS ADMINISTRATOR. …RESPONDENTS (BY SRI YOGESH D. NAIK, AGA FOR R-1 & R-2; V/O DATED 10/07/2025 R-3 & R-4 DEFERRED FOR NOW) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ENDORSEMENT DATED 29-05-2025 ISSUED BY THE CHIEF EXECUTIVE OFFICER, MANDYA DISTRICT CO-OPERATIVE PRINTING AND PUBLISHING HOUSE LTD., THIRD RESPONDENT VIDE ANNEXURE-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING, 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; a. Issue a Writ, order or direction, in the nature of a WRIT OF CERTIORARI, quashing the endorsement dated 29-05-2025 issued by the Chief Executive Officer, Mandya District Co-operative Printing and Publishing House Ltd., third respondent vide Annexure-E. b. b) Pass such other order/s as may be appropriate in favour of the petitioner, in the facts and circumstances of the case, in the interest of justice and equity.” 2. The petitioner is a member of respondent No.4-Co- operative Bank/Society registered under the - 3 - HC-KAR NC: 2025:KHC:25613 WP No. 19263 of 2025 Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as “KCS ACT, 1959”). The election of respondent No.4 was held on 15.03.2020, when the petitioner was elected as director of the Board of Directors. The petitioner had been appointed as a delegate of respondent No.4 in the election to be conducted on respondent No.3. The petitioner had also contested for the post of Director of respondent No.3 successfully. 3. In the subsequent election held to the Board of Directors of respondent No.4, the petitioner was unsuccessful and in that background his nomination/delegation was withdrawn by respondent No.4 and a new delegate was appointed to respondent No.3. It is in that background, that the petitioner is before this Court seeking for the aforesaid relief. 4. Submission of Sri.K.L.Sreenivas., learned counsel for the petitioner is that; - 4 - HC-KAR NC: 2025:KHC:25613 WP No. 19263 of 2025 4.1. The petitioner is not a mere delegate of respondent No.4 with respondent No.3 but is a person who contested the election to the Board of Directors of respondent No.3 and was elected as a director of respondent No.3. 4.2. He submits that once the petitioner has been elected as a director of respondent No.3, he is no longer a mere delegate of respondent No.4 but occupies the position of a director of respondent No.3 and as such his delegation could not have been withdrawn by respondent No.4. 5. Learned AGA submit that this issue has already been dealt with by this Court by Division Bench of this Court in U.S. Mohan Reddy v. State of Karnataka, reported in ILR 2022 Kar 3543 more particular para 53, 54, 64, 65 and 66. On that basis, he submits that once an administrator is appointed under Section 28 (a) (5) of the KCS, Act 1959, the - 5 - HC-KAR NC: 2025:KHC:25613 WP No. 19263 of 2025 board would cease to function and as such any delegate to any other Co-operative Society, Secondary or Federal would also cease to be such a delegate. On the above ground, he submits that above petition is required to be dismissed. 6. The short question that would arise for consideration in the present matter is; “Whether a director of a Primary Co-operative Society appointed as a delegate of a secondary or Federal Co-operative Society would cease to be such a delegate on his cessation of directorship in the Primary Co-operative Society, even if he were to be elected to the post of director of the Secondary or Federal Co-operative society”? 7. As referred to supra the Hon’ble Division Bench of this Court in U.S. Mohan Reddy's case dealt with said issue and answered the same by holding that, once a delegate ceases to be a director of the - 6 - HC-KAR NC: 2025:KHC:25613 WP No. 19263 of 2025 primary society, he can no longer continue to be delegate in the secondary or Federal Co-operative Society and if his delegation ceases then the said person having been elected as a director of the secondary or a Federal Society on the basis of him being a delegate of the primary society would also cease. 8. In terms of Section 28 (a) (5) of the KCS Act, 1959 on the appointment of an administrator the Board of Directors ceases to function. Thus, any director in a Co-operative Society to which an administrator is appointed would cease to function as such a Director. 9. That apart in the present case, the petitioner has also failed in being elected in the election held to the primary Co-operative Society and he is no longer director of the primary Co-operative Society to enable him to represent the primary Co-operative Society in the secondary Co-operative Society. The very purpose of his being delegated, is to represent - 7 - HC-KAR NC: 2025:KHC:25613 WP No. 19263 of 2025 the primary Co-operative Society, this representation having come to an end, he cannot continue to be a director even if elected to the board of a secondary or federal Co-operative Society. 10. In view of my findings above, I pass following; ORDER No grounds being made of out, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 26