Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 80993 (KAR)

KARNATAKA TELECOM DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY v. STATE OF KARNATAKA

WP/35024/2025 · 2025-12-03

M G Uma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:50379 WP No. 35024 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 35024 OF 2025 (CS-RES) BETWEEN: KARNATAKA TELECOM DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY NO.106, P AND T COLONY 2ND BLOCK, R.T NAGAR, BANGALORE-560 032. REP BY ITS SECRETARY. SRI. B.S. MANJUNATH. E-MAIL: WWW.KTDESOC@GMAIL.COM …PETITIONER (BY SRI. D.R. RAVISHANKAR, SR. ADVOCATE FOR SRI. LOKESHA D.S., ADVOCATE) AND: 1. STATE OF KARNATAKA, VIDHANASOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY, 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, NO.1, ALI ASKAR ROAD BENGALURU - 560 052. REPRESENTED BY ITS ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES, (HOUSING AND OTHERS) 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BENGALURU PROVINCE, NO.146, 3RD FLOOR, SAHAKARI SOUDHA, 8TH CROSS, MALLESHWARAM, BENGALURU - 560 003. Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50379 WP No. 35024 of 2025 4. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, 4TH ZONE, BENGALURU URBAN DISTRICT, O/AT NO. 146, CO-OPERATIVE BUILDING, 3RD MAIN ROAD, 8TH CROSS ROAD, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560 003. …RESPONDENTS (BY SRI. YOGESH D.S., AGA FOR R1-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE COMMUNICATION DATED 06.11.2025 PASSED BY RESPONDENT NO.2 IN BEARING NO. HSG/2 62 H.H.S 2025-26 PRODUCED AT ANNEXURE- A IS ILLEGAL AND QUASH THE SAME, AND ALLOW THIS WP WITH COSTS, 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 petitioner - Society has approached this Court seeking to declare the Communication dated 06.11.2025 passed by respondent No.2 in No.HSG/2:62:H.H.S:2025-26 produced as per Annexure-A, as illegal and to quash the same. 2. Heard Sri. D R. Ravi Shankar, learned senior advocate for Sri. Lokesha D S, learned counsel for the petitioner and Sri Yogesh D Naik, learned Additional - 3 - HC-KAR NC: 2025:KHC:50379 WP No. 35024 of 2025 Government Advocate for respondent Nos.1 to 4. Perused the materials on record. 3. The petitioner is a registered Co-operative Society represented by its Secretary. It has received a Communication as per Annexure-A issued by the Additional Registrar of Co- operative Societies, calling upon certain information and documents, since from 2006, which is called in question in the present petition. 4. My attention was drawn to the order dated 10.07.2025 passed in WP.No.11264/2025. Under similar facts and circumstances, the Co-ordinate Bench has formulated a point for consideration as to '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?'. 5. The co-ordinate Bench referring to the Rules 290 and 291 of Rules of Procedure and Conduct of Business of Karnataka Legislative Assembly, held that the Committee's powers and jurisdiction under Rule 291(1) are strictly limited to - 4 - HC-KAR NC: 2025:KHC:50379 WP No. 35024 of 2025 examining papers already laid on the table of the House by the Ministers. 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) of the Rules. 5. On consideration of the relevant Rules in light of Annexure-A, I do not find any reason to form a different opinion. In that view of the matter, the petition is to be allowed accordingly I proceed to pass the following. ORDER i) The petition is allowed. ii) The Communication dated 06.11.2025 passed by respondent No.2 in No.HSG/2:62:H.H.S:2025-26 produced as per Annexure-A is quashed. SD/- (M G UMA) JUDGE PNV: CT:VS - List No.: 2 Sl No.: 7