- 1 - HC-KAR NC: 2025:KHC:36142 WP No. 27383 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 27383 OF 2025 (CS-RES) BETWEEN: 1. SRI MARIGOWDA, S/O MARIGOWDA, AGED ABOUT 56 YEARS, PRESIDENT, M/S. MULTI PURPOSE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY (REGISTERED), HUNUSANAHALLI, CHANNAPATANA TALUK, BENGALURU SOUTH DISTRICT-562138. 2. SRI.NACHEGOWDA S/O CHIKKANNA, AGED ABOUT 50 YEARS, VICE PRESIDENT, M/S. MULTI PURPOSE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY (REGISTERED), HUNUSANAHALLI CHANNAPATANA, BENGALURU SOUTH DISTRICT-562138. 3. SRI.B.M.HUCHEGOWDA, S/O MARIGOWDA, AGED ABOUT 50 YEARS, RESIDING AT BANAGALLI, AMBADAHALLI POST, VIRUPAKSHIPURA HOBLI, CHANNAPATANA, BENGALURU SOUTH DISTRICT-562138. Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36142 WP No. 27383 of 2025 4. SRI. PUTTASWAMY S/O LATE THIMMEGOWDA AGED ABOUT 64 YEARS, KODAMBALLI POST, VIRUPAKSHIPURA HOBLI, CHANNAPATANA, BENGALURU SOUTH DISTRICT-562138. 5. SRI. RAVI B., S/O LATE BYREGOWDA AGED ABOUT 53 YEARS, RESIDING AT AMBADAHALLI POST, VIRUPAKSHIPURA HOBLI, CHANNAPATANA, BENGALURU SOUTH DISTRICT-562138. 6. SRI.K.P.SHASHIDHAR, S/O PUTTASWMYGOWDA, AGED ABOUT 52 YEARS, RESIDING AT KONDAPURA, VIRUPAKSHIPURA HOBLI, CHANNAPATANA, BENGALURU SOUTH DISTRICT-562138. THE PETITIOENRS 3 TO 6 ARE THE DIRECTORS OF M/S. MULTI PURPOSE PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY (REGISTERED), HUNUSANAHALLI, CHANNAPATANA, BENGALURU SOUTH DISTRICT-562138. (SENIOIR CITIZENSHIP BENEFIT NOT CLAIMED) (ALL PETITIONER REGISTERED UNDER K.C.S.A) …PETITIONERS (BY SRI. M.R.RAJAGOPAL, SENIOR ADVOCATE FOR SRI.THILAKRAJ S.V., ADVOCATE) AND: - 3 - HC-KAR NC: 2025:KHC:36142 WP No. 27383 of 2025 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE STATE CO OPERATIVE ELECTION AUTHORITY, 3RD FLOOR, SHANTHI NAGAR, T.T.M.C. KHB ROAD, BENGALURU - 560 002, 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, NO. 1, ALI-ASKAR ROAD, BENGALURU-560052. REPRESENTED BY ITS REGISTRAR. 4. THE DEPUTY COMMISSIONER AND DISTRICT ELECTION OFFICER FEDERAL SOCIETY, BENGALURU URBAN, SUB DIVISION, KANDAYA BHAVAN, K.G.ROAD, BENGALURU-560009 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, RAMANGARA, BENGALURU SOUTH TALUK. 6. THE CHIEF EXECUTIVE OFFICER, BENGALURU URBAN, BENGALURU RURAL AND BENGALURU DISTRICT CENTRAL COOPERATIVE BANK LIMITED., CHAMARAJPET, BENGALURU-560018. 7. RETURNING OFFICER, DCC BANK, J.R.C.S. URBAN BANK, THE ELECTIONS TO BAMUL DISTRICT MILK UNION, BENGALURU- 560001. 8. THE CHIEF EXECUTIVE OFFICER, M/S. MULTIPURPOSE PRIMARY AGRICULTURE - 4 - HC-KAR NC: 2025:KHC:36142 WP No. 27383 of 2025 CO-OPERATIVE SOCIETY HUNUSANAHALLI CHANNAPATANA, BENGALURU SOUTH DISTRICT-562138. (UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT) 9. THE SUPERVISOR, DCC BANK AND DESIGNATED GOVERNMENT NOMINEE MEMBER TO THE MANAGING COMMITTEE OF M/S. MULTIPURPOSE PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY HUNUSANAHALLI, CHANNAPATNA, BENGALURU SOUTH DISTRICT-562138. 10. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, RAMANGARA SUB DIVISION, RAMANGARA, BENGALURU SOUTH DISTRICT-562159. …RESPONDENTS (BY SRI.YOGESH.D.NAIK, AGA FOR RESPONDENT NOS.1, 3, 4, 5, 7, 9 AND 10; SRI.A.DEVARAJ, ADVOCATE FOR RESPONDENT NO.2; SRI.NATARAJ BABA.K, ADVOCATE FOR RESPONDENT NOS.6 AND 9) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.6 i.e., CHIEF EXECUTIVE OFFICER OF THE RESPONDENT BANK DIRECTING THE 9TH RESPONDENT TO PARTICIPATE OR PRESENT IN THE MEETING OF THE MANAGING COMMITTEE OF THE 8TH RESPONDENT SOCIETY WHICH IS NOW SCHEDULED TO BE HELD ON 16.09.2025, IN THE LIGHT OF FAILURE OF HIS PARTICIPATION IN THE EARLIER MEETINGS DATED 25.08.2025, 29.08.2025 AND 04.09.2025 AS PER ANNEXURES-C, C1, C2 AND C3. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:36142 WP No. 27383 of 2025 CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioners have sought for a writ in the nature of mandamus to direct the respondent No.6 to instruct its nominee, namely respondent No.9 to participate or present in the meeting of the managing committee of the respondent No.8, which is now scheduled on 16.09.2025. 2. The petitioners are the elected directors of the respondent No.8. They contend that out of thirteen directors, eleven were elected at the election held on 06.08.2023. They contend that out of eleven directors, five directors resigned and there are six directors on the board of management apart from the nominee of the respondent No.6. They contend that the respondent No.6 though being part of the board of management did not attend the meetings on 25.08.2025, 29.08.2025 and 04.09.2025 and his continued defaults may result in loss of quorum and affect the functioning of the Society. The petitioners are therefore before this Court. 3. The learned Senior Counsel for the petitioners reiterated the above contentions and submitted that the - 6 - HC-KAR NC: 2025:KHC:36142 WP No. 27383 of 2025 respondent No.9 had deliberately failed to attend the earlier meetings scheduled on 25.08.2025, 29.08.2025 and 04.09.2025 and therefore the activities of the respondent No.8 has come to a standstill and the petitioners are not able to take any decision in view of the lack of quorum. He therefore prays that suitable directions be issued to the respondent No.6 to instruct its nominee to attend the meetings of the board of management of the respondent No.8. 4. The learned counsel for the respondent No.6 after seeking instructions submitted that there is no compulsion that the respondent No.9 should attend meetings of the managing committee of the respondent No.8. He also submits that the respondent No.9 is designated to attend the meetings of twenty-six Co-operative Societies and therefore it would be humanly impossible for him to attend all the meetings of all these societies who are members of the respondent No.6. He however contends that wherever and whenever it is necessary, the respondent No.9 would attend the meetings of the board of management of the respondent No.8. - 7 - HC-KAR NC: 2025:KHC:36142 WP No. 27383 of 2025 5. It is a trite that a Co-operative Society has to act through its managing committee and unless there is sufficient quorum, the committee cannot function. In the case on hand, as stated above, there are eleven elected directors of whom five directors have resigned and therefore, there is a stalemate in as much as the existing six directors do not constitute the quorum. The nominee of the respondent No.6 is also one of the directors of the board of the respondent No.8 and therefore, if he attends a meeting of the respondent No.8, the society would have sufficient quorum to exist and function. The respondent No.9 cannot abstain from the meetings unless he is prevented by sufficient cause, in which event he has to make alternate arrangements. This is a matter of concern as the duly elected directors would have to face the brunt of Section 30 of the Act, 1959 for no fault of them. 6. In that view of the matter, it is imminent to direct the respondent No.6 to instruct the respondent No.9 to attend the meetings of the board of management of the respondent No.8. 7. Accordingly, the following order is passed: - 8 - HC-KAR NC: 2025:KHC:36142 WP No. 27383 of 2025 ORDER i. The writ petition is allowed. ii. The respondent No.6 is directed to instruct the respondent No.9 to attend the meetings of the managing committee of the respondent No.8. iii. If the respondent No.9 cannot attend the meetings due to any genuine reason, he shall depute any of his subordinates or deputees with an authorisation duly sealed and signed to attend the meetings of the respondent No.8. iv. The respondent No.2 is directed to take necessary steps to fill the casual vacancies in view of the resignation of the five directors of the respondent No.8. This shall be done within a period of 60 days from the date of receipt of a copy of this order. Sd/- (R. NATARAJ) JUDGE BKN/List No.: 1 Sl No.: 14