- 1 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11264 OF 2025 (CS-RES) BETWEEN: THE SOUTH CANARA DISTRICT CENTRAL COOPERATIVE BANK LTD. A SOCIETY REGISTERED UNDER THE PROVISIONS OF KARNATAKA COOPERATIVE SOCIETIES ACT, 1959 UTHKRUSHTA SAHAKARI SADANA HEAD OFFICE AT KODIALBAIL, MANGALURU - 575003 REP. BY ITS CHIEF EXECUTIVE OFFICER (IN-CHARGE) SRI. GOPALAKRISHNA BHAT K., …PETITIONER (BY SRI. RAKSHITH KUMAR, ADVOCATE) AND: 1. REGISTRAR OF COOPERATIVE SOCIETIES, NO.1, ALI ASKER ROAD, BENGALURU - 560 052 2. JOINT REGISTRAR OF COOPERATIVE SOCIETIES MYSORE DIVISION, AGRAHARA, CHAMRAJPURA MYSORE - 570004 3. KARNATAKA LEGISLATIVE ASSEMBLY SECRETARIATE POST BOX NO.5074, VIDHANA SOUDHA BENGALURU - 560 001 R Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 REP. BY ITS SECRETARY …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ALLEGED LETTER BEARING NO. RCS/KMC-1/01/25-26 DTD 04.04.25 ISSUED BY R1 AND R2 AS PER ANNX-D. THIS PETITION, COMING ON FOR ORDERS, 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 of Certiorari, quashing the alleged letter bearing No.RCS/KMC-1/2025-26 dated 04.04.2025 issued by 1st Respondent to 2nd Respondent as per ANNEXURE - D, b. Pass any other Writ, order, direction, as this Hon'ble Court might deem fit in the facts and circumstances of the case, including the cost of this writ petition, in the interest of justice and equity." 2. The grievance of the petitioner is in that terms of the internal communication at Annexure - D between respondent No.1 - Registrar of Cooperative Societies and respondent No.2 - Joint Registrar of Cooperative Societies - 3 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 dated 04.04.2025, vide email dated 05.04.2025 addressed by Additional Registrar of Cooperative Societies, the petitioner has been called upon to furnish the details mentioned in Annexure - D. 3. The submission of the learned counsel Sri.Rakshith Kumar, appearing for the petitioner is that these documents have been sought for to be considered by the “Committee on papers laid on the table” and as such his further submission is that the said Committee does not have any powers to call upon the Registrar who in turn can call upon the petitioner to furnish any documents to be considered by the Committee on papers. 4. In this regard, he relied upon Rule 291(1) of the Rules of Procedure and Conduct of Business in the Karnataka Legislative Assembly. His submission is that the Committee on Papers is only entitled to examine the papers laid on the Table and to submit a report; it does not have any power to call for any further papers to submit a report. 5. Per contra, the learned AGA submits that the Committee on papers, being of the opinion that certain documents - 4 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 are required, has called upon the Registrar to obtain the said papers, and no fault could be found with the said Committee. 6. Heard Sri.Rakshith Kumar learned counsel for the petitioner and Sri.Yogesh D. Naik, learned Additional Government Advocate for the respondents. 7. The short but important question that would arise for consideration in the present matter is Whether a “Committee on Papers laid on Table” can call for any documents, papers or examine any witness or officer before issuing a report in terms of Rule 291 of the Rules of Procedure and Conduct of Business in Karnataka Legislative Assembly? 8. Rule 290, is reproduced as under for easy reference. "290.(1) There shall be a Committee on Papers Laid on the Table. (2) The Committee shall consist of twenty Members, fifteen from the Legislative Assembly nominated by the Speaker and five from the Legislative Council nominated by the Chairman. * Provided that a Minister shall not be elected as a member of the Committee and that if a member, after his election to the Committee is appointed as Minister shall cease to be a member of the Committee from the date of such appointment. (3) The Committee shall hold office for a term not exceeding one year." - 5 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 9. A perusal of Rule 290 indicates that a Committee on papers laid on the Table shall be constituted. The constitution of the said Committee is as mentioned in Rule 290(2). The functions of the Committee are in terms of Rule 291, which is reproduced hereunder for easy reference. "Functions of the Committee:- 291. (1) The functions of the Committee shall be to examine all papers laid on the Table of the House by Ministers and to report to the House on - (a) whether there has been compliance of the provisions of the Constitution, Act, rule or regulation under which the paper has been laid; (b) whether there has been any unreasonable delay in laying the paper. (c) if there has been such delay, whether a statement explaining the reasons for delay has been laid on the Table of the House and whether those reasons are satisfactory; (d) whether both the Kannada English versions of the paper have been laid on the Table; (e) whether a statement explaining the reasons for not laying the Kannada versions has been given and whether such reasons are satisfactory." 10. A careful and contextual reading of Rule 291(1) establishes beyond doubt that the Committee’s jurisdiction is strictly limited to papers that have - 6 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 already been formally placed before the House by Ministers. The mandate is inherently retrospective and supervisory. The use of the expression "laid on the Table" is significant, because it places the Committee’s focus exclusively on documents that have already been officially submitted to the House under constitutional or statutory obligation. 11. The very nomenclature—"Committee on Papers Laid on the Table"—employs the term "laid" in the past tense, thereby firmly indicating that the Committee is meant to deal only with papers that have already completed the process of being officially submitted to the House. This is a deliberate choice that preserves parliamentary discipline and avoids potential overlap with the executive’s functions or with other investigative or fact-finding committees. 12. The language of each clause under Rule 291(1) further reinforces this interpretation: - 7 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 12.1. Clause (a): requires the Committee to examine compliance under the law pursuant to which the paper has been laid, clearly post-facto. 12.2. Clause (b): empowers the Committee to report on any unreasonable delay in laying the paper, which again necessarily presumes that the paper was eventually laid. 12.3. Clause (c): tasks the Committee to examine whether, in cases where delay occurred, a statement explaining the delay has been laid and to assess the adequacy of the reasons given—once more a retrospective act. 12.4. Clause (d): addresses whether both Kannada and English versions have been laid on the Table, clearly a fact to be checked after the papers are already submitted. 12.5. Clause (e): similarly deals with the adequacy of an explanatory statement that has been - 8 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 provided for the non-submission of the Kannada version. 13. All the above functions are framed in the past tense and revolve around scrutiny of completed acts of laying papers on the Table by Ministers. 14. This process and methodology serve important constitutional and institutional purposes: 14.1. It ensures accountability of the executive by requiring that every paper laid is properly scrutinised for compliance, timeliness, and completeness, after it is placed before the House. 14.2. It prevents the Committee from encroaching into executive or investigative domains, which could potentially conflict with the separation of powers. 14.3. It keeps the Committee’s function as an audit and reporting mechanism, focused on - 9 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 ensuring transparency and good governance in the legislative process. 14.4. The system ensures that Ministers, who are responsible for laying papers, remain answerable to the House for any delays, omissions, or procedural lapses, rather than having the Committee proactively search for papers that have not yet been laid. 15. Rule 291(2) provides for an exception to this general rule: “The Committee shall perform such other functions in respect of the papers laid on the Table as may be assigned to it by the Speaker from time to time.” 16. This clause empowers the Hon’ble Speaker to direct the Committee to perform additional functions beyond its ordinary scope. This may include, for instance, examining special matters, looking into patterns of repeated delay, or other specific issues linked to the papers laid. However, this power must - 10 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 be exercised by the Speaker explicitly; it cannot be assumed by the Committee itself. In the present matter, there is no indication that the Speaker has made any such special reference or assignment. The matter appears to have been taken up by the Committee in its ordinary routine functions under Rule 291(1). 17. Consequently, the jurisdiction of the Committee remains confined to papers already laid, and it does not extend to papers that are yet to be laid or to proactively seek for information from external authorities. 18. The scope of Rule 291(1) does not empower the Committee to call upon officers, such as the Registrar of Cooperative Societies, to produce papers or documents that have not yet been formally laid before the House. 19. If the Committee were to summon such papers: - 11 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 19.1. It would amount to expanding its mandate beyond the examination of papers that have already been formally submitted to the House. 19.2. It could potentially conflict with other parliamentary committees or even with the executive’s discretion and obligations under the relevant statutes and rules. 19.3. It would also dilute the clear boundary set between executive responsibility (to lay papers) and legislative oversight (to examine papers once laid). 19.4. Such an expansion of jurisdiction would require an express order or reference by the Speaker under Rule 291(2). 20. The Committee’s powers and jurisdiction under Rule 291(1) are strictly limited to examining papers already laid on the Table of the House by Ministers. The mandate is retrospective and supervisory: to verify compliance, timeliness, - 12 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 completeness, and bilingual presentation of papers laid. The Committee cannot proactively summon papers not yet laid, nor call upon officers of external institutions to produce such papers, except when explicitly directed by the Speaker under Rule 291(2). This interpretation ensures consistency with constitutional principles of separation of powers and ministerial accountability. 21. As such, I pass the following: ORDER i) The writ petition is allowed; ii) A certiorari is issued and the letter bearing No.RCS/KMC-1/01/2025-26 dated 04.04.2025 issued by the first respondent to second respondent at Annexure - D, is quashed. iii) Consequently, the demand made by the Additional Registrar of Cooperative Societies vide email dated 5th April, 2025 at Annexure - C, in quashed. - 13 - HC-KAR NC: 2025:KHC:25412 WP No. 11264 of 2025 iv) Pending I.A does not survive for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE KG List No.: 1 Sl No.: 15