Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39970 WP No. 30050 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30050 OF 2025 (GM-KSR) BETWEEN:
1. SRI C MAHALINGAPPA S/O CHITTHAPPA AGED ABOUT 60 YEARS R/O GUDDADA GOLLARAHATTI, KODIHALLI POST, HIRIYUR TALUK, CHITRADURGA – 577598
2. SRI B ANANDA S/O BHOMMAPPA AGED ABOUT 58 YEARS R/O JANUKONDA PANDARAHALLI POST CHITRADURGA TALUK, CHITRADURGA – 577501
3. SRI T RANGASWAMY S/O THAPALAPPA AGED ABOUT 60 YEARS R/O ETTIGEHALLI, NAGATHAHALLI POST HOSADURGA TALUK, CHITRADURGA – 577527
4. SRI D G GOVINDAPPA S/O P GOVINDIAH AGED ABOUT 59 YEARS R/O JOGIHATTI GOWDAGERE POST CHALLAKERE TALUK, CHITRADURGA – 577522
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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5. SRI J L SHREENIVASA KUMAR S/O G K LINGANNA AGED ABOUT 53 YEARS R/O JAJURU POST, CHALLAKERE TALUK, CHITRADURGA – 577522
6. SRI R KRISHNAPPA S/O A RANGAPPA AGED ABOUT 57 YEARS R/O UPANAYAKANAHALLI SONDEKOLA POST CHITRADRUGA TALUK CHITRADURGA – 577501
7. SRI T THIMMAPPA S/O DASARA THIMMAPPA AGED ABOUT 65 YEARS R/O VIJAPURA GOLLARAHATTI, LAKSHMISAGARA POST CHITRADRUGA TALUK CHITRADURGA – 577501
8. SRI N KIRAN KUMAR YADAV S/O NARASIMHAPPA AGED ABOUT 54 YEARS R/O MADHAPPANAHATTI, KOLAL POST, HOLALKERE, CHITRADURGA – 577526
9. SRI T VENKATESH YADAV S/O THIMMANNA AGED ABOUT 50 YEARS R/O THOREBEERANAHALLI, BELAGERE POST CHALLAKERE TALUK CHITRADURGA – 577522
10. SRI T CHANDRANNA S/O THIPPANNA AGED ABOUT 59 YEARS R/O MADDHANAKUNTE M D KOTE POST
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HIRIYUR TALUK, CHITRADURGA – 577598
11. SRI P KARIYANNA S/O PARINAGAPPA AGED ABOUT 54 YEARS R/O MYAKLURHALLI POST, HIRIYUR TALUK, CHITRADURGA – 577598
12. SRI B KRISHNAPPA S/O DHODDABALAPPA AGED ABOUT 70 YEARS R/O BYRAPURA POST MOLAKALMUR TALUK, CHITRDURGA – 577535
13. SRI S T PALGUNESHWARA S/O G THIMMAIAH AGED ABOUT 73 YEARS R/O KARUVINAKATTE CIRCLE, CHITRADURGA CHITRADURGA – 577501
14. SRI P B PRAKASH S/O BHOMMAPPA AGED ABOUT 57 YEARS RESIDING AT HIREBENNUR GOLLARAHATTI, CHIKKABENNUR POST CHITRADURGA TALUK, CHITRADURGA - 577501
…PETITIONERS (BY SRI. PAVAN KUMAR G.,ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATION M.S.BUILDING GATE NO.3, 6TH FLOOR BANGALORE - 560001. - 4 -
HC-KAR NC: 2025:KHC:39970 WP No. 30050 of 2025
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETIES OFFICE OF REGISTRAR OF COOPERATIVE SOCIETIES #1, ALI ASKER ROAD VASANT NAGAR BANGALORE – 560052
3. THE JOINT DIRECTOR OF CO-OPERATIVE SOCIETIES (ICDP) OFFICE OF REGISTRAR OF COOPERATIVE SOCIETIES #1, ALI ASKER ROAD VASANT NAGAR BANGALORE – 560052
4. THE DISTRICT REGISTRAR AND DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES B L GOWDA LAYOUT SAHAKARI BAVANA CHITRADURGA – 577501
5. THE ADMINISTRATOR CHITRADURGA DISTRICT YADAVA (GOLLA) SANGA (R) RANGAYYANA BAGILU, CHITRADURGA – 577501
6. SRI M RAMANNA S/O LATE POOJARY MALAPPA AGED ABOUT 65 YEARS R/O KYATEDENNE HATTI, BEERENAHALLI POST, HIRIYUR TALUK, CHITRADURGA DISTRICT - 577599
PRESENTLY RESIDING AT NO.3/1, 4TH MAIN ROAD MOHANKUMAR NAGAR BENGALURU - 560022. 7. D T SAMPATH KUMAR S/O LATE D THIMMAIAH AGED ABOUT 52 YEARS R/O MADANKUNTE M D KOTE POST HIRIYUR TALUK,
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HC-KAR NC: 2025:KHC:39970 WP No. 30050 of 2025
CHITRADURGA DISTRICT - 577201
…RESPONDENTS (BY SRI. SIDDARTH BABURAO., AGA FOR R1 TO R5;
NOTICE TO R6 & R7 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING/ SETTING-ASIDE THE ORDER BEARING NO. CO 90 CSR 2025 DATED 18.9.2025 PASSED BY RESPONDENT NO. 1. PRODUCED HEREWITH AS ANNEXURE-T AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Learned AGA accepts notice for Respondents No.1 to 5. Notice to Respondents No.6 and 7 is dispensed with in view of the proposed order to be passed. 2. The Petitioners are before this Court seeking for the following reliefs: i. Issue a writ in the nature of Certiorari quashing/setting aside the order bearing No. CO 90 CSR 2025 dated 18.9.2025 passed by R1 produced herewith as Annexure-T; ii. Issue a writ in the nature of certiorari quashing/setting aside the order bearing No. CO CSR 2025 dated 27.03.2025 passed by R1, produced herewith as Annexure-S. iii. Issue a writ in the nature of certiorari quashing/setting aside the order bearing No. DRD/San-San/CR-11-1968- 69/024-25 dated 05.03.2025 passed by R4 produced herewith as Annexure-R;
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HC-KAR NC: 2025:KHC:39970 WP No. 30050 of 2025
iv. Pass such other orders/ directions as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interests of justice and equity. 3. The grievance of the Petitioners is that an Administrator has been appointed to the Society namely Chithradurga District Yadava (Gollara) Sangha (hereinafter referred to as the 'Society" for short), of which the Petitioners are members contrary to Clause (C) of Sub-Section (1) of Section 27A of the Karnataka Societies Registration Act, 1960, (hereinafter referred to as 'the KSR Act, 1960,' for short)
4. The submission of learned counsel for the Petitioners is that a complaint having been filed, the Registrar of Society took up the same, caused an enquiry under Section 25 of the KSR Act, 1960, and the enquiry report was submitted. 5. The State Government vide the impugned order dated 27.03.2025 at Annexure-S has appointed an Administrator. He submits that such appointment of an Administrator could not have been done without a further
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enquiry by the State Government in terms of Clause C of Sub-Section (1) of Section 27A of the KSR Act, 1960. 6. In this regard, he relies upon the decision of a Co- ordinate Bench of this Court in the case of Shri. Muddegowdara Veerabhadrappa and others Vs. Government of Karnataka by its Secretary and others,1 more particularly, para 8 thereof, which is reproduced hereunder for easy reference:
“8.
The legal position which can be crystallised cumulatively from the above pronouncements is that; at the first stage when the Registrar proposes to hold an enquiry under Section 25 of the KSR Act, the procedure as contemplated under Rule 8 of the Rules, 1961 will have to be complied by providing opportunity. On such enquiry being conducted, the findings are to be recorded and a copy is to be furnished to the society. On such report being submitted by the Registrar to the Government with its recommendations, if the Government is of the opinion that it will be in public interest to appoint an Administrator to look after the affairs of the society and the power under Section 27-A of KSR Act is sought to be exercised, even in such circumstance relying only on the report of the Registrar will not suffice. The Government on the other hand is not only required to issue notice to the society, but should also hold an enquiry and thereafter take a decision.”
7. By relying on the decision in Muddegowdara Veerabhadrappa’s case, he submits that even when enquiry under Section 25 of the KSR Act, 1960 being
1 2016 SCC Online Kar 6861
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HC-KAR NC: 2025:KHC:39970 WP No. 30050 of 2025
completed and a report submitted, after such report being submitted, the State Government would have to conduct another enquiry to ascertain if an administrator has to be appointed. The same not having been done, the order passed in the present matter is contrary to Clause C of Sub-Section (1) of Section 27A of the KSR Act, 1960. On that ground, he submits that the above petition is required to be allowed and the said orders at Annexure-D, Annexure-S and Annexure-R are required to be quashed. 8. Learned AGA would however submit that the order of appointment of an administrator has not been made under Clause C of Sub-Section (1) of Section 27A of the KSR Act, 1960. But it has been made under Clause B of Sub-Section (1) of Section 27A of the KSR Act, 1960.
Inasmuch as the term of office of the members of the governing body of the Society had expired, a new governing body had not been constituted for any reason. 9. His submission by referring to the order of appointment of Administrator dated 27.03.2025 at Annexure-S is that
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HC-KAR NC: 2025:KHC:39970 WP No. 30050 of 2025
the term of the office was for a period of 3 years and expired in the year 2023-2024 and thereafter, no action has been taken for holding elections. The order of appointment of Administrator was passed on 27.03.2025 and as such, the appointment of an Administrator was not on the basis of the report of the Registrar submitted under Section 25 of the KSR Act, 1960, but was on account of the new governing body not having been constituted. On that ground, he submits that the writ petition is required to be dismissed. 10. Heard Sri G. Pavan Kumar, learned counsel for the petitioners, Sri Siddarth Baburao, learned AGA for Respondents No.1 to 5 and perused papers. 11. The points that would arise for consideration of this Court are:
1. Whether in the present case, the appointment of an Administrator is under Clause C of Sub-Section (1) of Section 27A of the KSR Act, 1960, or under Clause B of Sub-Section (1) of Section 27A of the KSR Act, 1960? 2. Whether the necessary procedure has been followed for the appointment of an Administrator? - 10 -
HC-KAR NC: 2025:KHC:39970 WP No. 30050 of 2025
3. What order? 12. I answer the above points as under:
13. ANSWER TO POINT NO.1: Whether in the present case, the appointment of an Administrator is under Clause C of Sub-Section (1) of Section 27A of the KSR Act, 1960 or under Clause B of Sub-Section (1) of Section 27A of the KSR Act, 1960? 13.1.
Learned counsel for the petitioners has submitted that the appointment of an Administrator is in pursuance of Clause C of Sub-Section (1) of Section 27A of the KSR Act, 1960. A perusal of the order at Annexure-S dated 27.03.2025 categorically indicates that since the term of the office of the Board of Directors/governing body had expired in the year 2023-2024, no action has been taken to hold elections in relation thereto. 13.2. The reference, though, was made to the report of the Registrar; the order was passed on the basis of the term of the office of the members of the governing body having expired. - 11 -
HC-KAR NC: 2025:KHC:39970 WP No. 30050 of 2025
13.3. In that view of the matter, it is clear that the said
order comes within the purview of Clause B of Sub- Section (1) of Section 27A of the KSR Act, 1960, and not under Clause C of Sub-Section (1) of Section 27A of the KSR Act, 1960.
14. ANSWER TO POINT NO.2: Whether the necessary procedure has been followed for the appointment of an Administrator?
14.1. When the order of appointment of an administrator is under Clause B of Sub-Section (1) of Section 27A of the KSR Act, 1960, there is no requirement of the State Government to hold a further enquiry, which is the requirement under Clause C of Sub- Section (1) of Section 27A of the KSR Act, 1960. Hence, the fact that the term of the office of the governing members has expired and no elections and no new governing body have been constituted would suffice for the State Government to appoint an Administrator.
14.2. This is also clear from the query put to the counsel for the petitioners, which was answered by him
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stating that the society was on the verge of holding elections, but no elections have been held. The term has expired in the year 2023-2024. The impugned order was passed on 27.03.2025, nearly a year after the term had expired. No fault can be found with the said order.
15.
ANSWER TO POINT NO.3: What order?
15.1. No grounds being made, the petition stands dismissed.
SD/- (SURAJ GOVINDARAJ) JUDGE
KTY List No.: 1 Sl No.: 50