- 1 - HC-KAR NC: 2025:KHC-D:11851 WP No. 106643 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106643 OF 2025 (APMC-) BETWEEN: 1. SHRI BASANAGOUDA S/O. LINGANAGOUDA MALAGI, AGE: 57 YEARS, OCC. DIRECTOR, R/O. KESARATTI-583227, TQ. GANGAVATHI, DIST KOPPAL. 2. SHRI SUBHASHCHANDRA S/O. SANGAPPA TIPPASHETTI, AGE: 50 YEARS, OCC. DIRECTOR, R/O. MARALI-583227, TQ. GANGAVATHI, DIST. KOPPAL. …PETITIONERS (BY SRIYUTHS. SHRIHARSH NEELOPANT AND AVINASH MALIPATIL, ADVOCATES) AND: 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS THE SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE SOCIETIES, KALABURGI-585101. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, KOPPAL DISTRICT, KOPPAL-583231. Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11851 WP No. 106643 of 2025 4. THE GANGAVATHI TALUKA AGRICULTURAL PRODUCE MARKETING CO-OPERATIVE SOCIETY NIYAMIT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, GANGAVATHI-583227, TQ. GANGAVATHI, DIST KOPPAL. 5. THE CO-OPERATIVE DEVELOPMENT OFFICER AND RETURNING OFFICER, THE GANGAVATHI TALUKA AGRICULTURAL PRODUCE, MARKETING CO-OPERATIVE SOCIETY NIYAMIT-583227, TQ. GANGAVATHI, DIST.KOPPAL. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) ISSUE WRIT OR DIRECTION OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER BEARING NO. dA¤PÀ/«- 8/ZÀÄ£ÁªÀuÉ/2025-26 DATED 04.09.2025 PASSED BY THE RESPONDENT NO.2 THEREBY FORWARD THE LETTER TO THE RESPONDENT NO.4 AS PER ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA for accepts notice for respondents. 2. The petitioners are before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:11851 WP No. 106643 of 2025 i. Issue writ or direction or order in the nature of writ of certiorari to quash the impugned order bearing No. dA¤PÀ/«-8/ZÀÄ£ÁªÀuÉ/2025-26 dated 04.09.2025 passed by the respondent No.2 thereby forward the letter to the respondent No.4 as per ANNEXURE-A. ii. Grant such other reliefs as deemed fit by this Hon’ble Court in the circumstances of the case, in the interest of justice and equity. 3. Petitioners are the members of Kesaratti Primany Co- Operative Society and as such, they were nominated to contest to the post of Director in Respondent No.4 - Federal Cooperative Society. 4. The Petitioners subsequently ceased to be members of the Kesaratti Primary Co-Operative Society and hence by way of impugned order dated 04.09.2025, respondent No.2 had informed the petitioners that the petitioners can no longer contest for the post of Directorship of respondent No.4, as regards which a nomination had been made by Kesaratti Primary Co- Operative Society. It is challenging the same, the petitioners are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:11851 WP No. 106643 of 2025 5. Submission of Sri.Shriharsh Neelopant, learned counsel for the petitioners by relying on Section 18-B of the Karnataka Co-Operative Societies Act, 1959. (hereinafter referred to as ‘KCS Act, 1959’), is that since a new Board of Kesaratti Primary Co-Operative Society is being constituted, pending such constitution of the new Board, the petitioners ought to be allowed to represent Kesaratti in respondent No.4 and contest the election in respondent No.4. 6. Section 18-B of KCS Act, 1959 is reproduced hereunder, for easy reference: “18-B. Cessation of directorship.-A director of a secondary Cooperative Society or a Federal Society or an Apex Society who is a representative of another co-operative society shall cease to be a director of such co-operative society forthwith if,- (i) he ceases to be a director of the primary or secondary Cooperative Society which he represents [in case of amalgamation or reorganisation or division of Co-operative Societies he may continue to represent such society until such amalgamated, reorganised or divided Society withdraws his representation by resolution]; or - 5 - HC-KAR NC: 2025:KHC-D:11851 WP No. 106643 of 2025 (ii) the Co-operative Society which nominated him as a representative, withdraws his nomination; or (iii) the board of the Co-operative Society of which he is a member has been removed under section 30, or a special officer appointed under section 31; and (iv) the Co-operative Society of which he is the representative has been liquidated.” 7. A perusal of Clause (i) of Section 18-B of KCS Act, 1959 would only indicate that a director of a secondary Cooperative Society or a Federal Society or an Apex Society who is a representative of another co- operative society shall cease to be a director of such co-operative society forthwith if he ceases to be a director of the primary or secondary Cooperative Society which he represents or the Co-operative Society which nominated him as a representative, withdraws his nomination or the board of the Co- operative Society of which he is a member has been removed under section 30, or a special officer appointed under section 31 or the Co-operative - 6 - HC-KAR NC: 2025:KHC-D:11851 WP No. 106643 of 2025 Society of which he is the representative has been liquidated. 8. 8. What is done by way of amendment introduced in the year 2016 is that in case of amalgamation or reorganisation or division of a co-operative society, he may continue to represent such society until such amalgamation, reorganisation, or divided society withdraws his representation by resolution. 9. The contention of learned counsel for the petitioners that re-election or reconstitution of the Board, is reorganisation of the Co-Operative Society is not tenable. What is mentioned in Clause (i) of Section 18-B of the KCS Act, 1959, is the amalgamation, reorganisation or division of the co-operative society and not the reorganisation or re-election to the Board. The embargo under Section 18-B of KCS Act, 1959 is for a Director in a Secondary Society or Federal Society or Apex Society once he ceases to be a - 7 - HC-KAR NC: 2025:KHC-D:11851 WP No. 106643 of 2025 Director of the Primary or Secondary Society which he represented. 10. In the present case, admittedly, the petitioners have ceased to be Directors of Primary Society. In fact, they have ceased to be even a member of the Primary Society. When the petitioners are not even members of the Primary Society, the question of the petitioners representing the Primary Society in respondent No.4, would not at all arise. Hence, I do not find any infirmity in the order at Annexure-A. 11. In view of the foregoing discussion, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE Sh Ct:pa List No.: 4 Sl No.: 1