- 1 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2173 OF 2026 (CS-RES) BETWEEN: THE PRIMARY AGRICULTURAL CREDIT CO OPERATIVE SOCIETY NALLUR, CHANNAGIRI TALUK, DAVANAGERE DISTRICT-577221 REPRESENTED BY ITS DIRECTOR, SRI. NAGARAJA U.G. REGISTERED UNDER KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 …PETITIONER (BY SRI. JAYAKUMAR S. PATIL, ADVOCATE FOR SRI. MAHAMMED TAHIR A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU-560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, DAVANGERE, DISTRICT ADMINISTRATIVE BHAVAN, P.B. ROAD, DAVANAGERE- 577001. Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY DAVANGERE SUB DIVISION, NEXT TO ANJENAYA TEMPLE, VIDYA NAGAR, DAVANAGERE- 577005. 4. THE CO-OPERATIVE DEVELOPMENT OFFICER, HONNALI TALUK, AND ENQUIRY OFFICER, PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY, NALLUR, CHANNAGIRI TALUK, DAVANGERE DISTRICT-577221 5. THE DEPUTY COMMISSIONER, DAVANGERE, B.P. ROAD, DAVANGERE DISTRICT-577001. 6. THE ADDITIONAL DEPUTY COLLECTOR, DAVANGERE DISTRICT, DAVANGERE-577001 7. ASSISTANT COMMISIONER, HONNALI, SUB-DIVISION, HONNALI, DAVANGERE DISTRICT-577217 8. THE TAHASILDAR, CHANNIGIRI TALUK, DAVANGERE DISTRICT-577213 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.11.2025, BEARING NO.SANI31/MKT/KALM64/CR-02/2025-26 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-H. QUASHING THE OFFICIAL COMMUNICATION DATED 07.01.2025, BEARING NO.RACHU.CR.50/2024-25 ISSUED BY RESPONDENT NO.5 - 3 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 VIDE ANNEXURE E AND IMPUGNED REPORT DATED 09.01.2025 SUBMITTED BY THE RESPONDENT NO.6 TO 8 TO THE RESPONDENT NO.5 VIDE ANNEXURE F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner filed this writ petition seeking the following reliefs: i. Issue a writ of certiorari quashing the order dated 19.11.2025, bearing No. SANI31/MKT/KALM64/CR- 02/2025-26 passed by Respondent No.3 vide Annexure H, in the interest of justice and equity. ii. Issue a writ of certiorari quashing the official communication dated 07.01.2025, bearing No. RACHU.CR.50/2024-25 issued by Respondent No.5 vide Annexure E and impugned report dated 09.01.2025 submitted by the Respondent No. 6 to 8 to the Respondent No.5 vide Annexure F, in the interest of justice and equity. 2. Brief facts, leading rise to the filing of this petition are as follows: 3. The previous elections were held to the petitioner society on 28.01.2020. The Returning Officer of the - 4 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 petitioner society issued calendar of events scheduling the conduct of elections from 29.12.2024 to 12.01.2025 for the next term. Further, the Returning Officer issued a circular stating that the election is postponed indefinitely. Respondent No.5 - Deputy commissioner appointed a committee comprising of respondent Nos.6 to 8 to investigate the issue. Respondent Nos.6 to 8 have submitted a report to respondent No.5 -Deputy Commissioner. Some of the members of the petitioner society approached this court in W.P.No.369/2025. This court granted an interim order directing the Returning Officer to hold election on 12.01.2025 from the stage it was interrupted. The election of the petitioner society was held on 12.01.2025. Pursuant to the election of the petitioner society on 12.01.2025, an elected body was formed. 4. Respondent No.5-Deputy Commissioner under the instigation of MLA channagiri, has issued a letter - 5 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 dated 07.01.2025 to respondent No.2 Deputy Registrar to take proper action against the petitioner society for misappropriation and irregularities. The said writ petition was disposed of vide order dated 24.01.2025. Respondent No.2 issued a letter dated 01.02.2025 to respondent No.3 to take action against the petitioner society. Respondent No.3 has passed the order dated 19.11.2025 appointing respondent No.4 as an enquiry officer under section 64 of the Act. The petitioner, aggrieved by the impugned orders filed this writ petition. 5. Heard Sri. Jayakumar S Patil, learned senior counsel for Sri. Mahammed Tahir A., learned counsel for the petitioner and Sri. Yogesh D Naik, learned Additional Government Advocate for the respondents. 6. Learned Senior counsel for the petitioner submits that respondent No.5 has no authority to constitute a committee by comprising respondent Nos.6 to 8. Respondent No.2 could not relied upon the report - 6 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 submitted by the alleged committee. He submits that before holding an enquiry under Section 64 of the Act, no opportunity was provided to the petitioner society to put forth its defence. Thus, the action of respondent No.3 in passing the impugned order appointing respondent No.4 as an enquiry officer is arbitrary and erroneous. He also submits that Deputy Commissioner has no authority to constitute a committee. 7. To buttress his arguments, he has placed reliance on the judgment of the Hon’ble Apex Court in the case of Joint action committee of Air Line Pilots’ Association of India (ALPAI) and others vs. Director General of Civil Aviation and others reported in (2011) 5 SCC 435. Hence, on these grounds, he prays to allow the writ petition. 8. Per contra, learned Additional Government Advocate submits that, if need arises respondent No.3 would hold a fresh enquiry in compliance with Section 64 of - 7 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 the Karnataka Co-operative Societies Act, 1959. Hence, on these grounds, he prays to dispose of the writ petition. 9. Perused the records, and considered the submissions of the learned counsel for the parties. 10. It is an undisputed fact that elections to the post of Director of the petitioner society was held on 12.01.2025. Pursuant to the interim order passed by this court in W.P.No.369/2025, respondent No.5 Deputy Commissioner without authority has constituted a committee comprising of respondent Nos.6 to 8 to hold an enquiry against the petitioner society. The petitioner has made allegation, that Deputy Commissioner – respondent No.5, at the influence of MLA of Channagiri, constituted a committee and committee without issuing any notice to the petitioner society has submitted a report. A report submitted by the committee is behind the back - 8 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 of the petitioner society, and the committee has no authority to submit a report. 11. Learned senior counsel for the petitioner has placed reliance on the judgment of the Hon’ble Apex Court in the case of Joint action committee of Air Line Pilots’ Association of India (ALPAI) and others vs. Director General of Civil Aviation and others reported in (2011) 5 SCC 435, wherein the Hon’ble Apex Court held that, if any decision is taken by a statutory authority at the behest or on suggestion of a person who has no statutory role to play, the same would be patently illegal. Thus, a committee constituted by respondent No.5 comprising respondent Nos.6 to 8 is patently illegal. 12. As the learned Additional Government Advocate has submitted that if need arise, respondent No.3 would initiate an enquiry under section 64 of the Karnataka Co-operative Societies Act, 1959. - 9 - HC-KAR NC: 2026:KHC:8028 WP No. 2173 of 2026 13. In view of the same, I proceed to pass the following order: ORDER i. The writ petition is allowed. ii. Impugned communication dated 07.01.2025 issued by respondent No.5 vide Annexure-E, impugned report dated 09.01.2025 vide Annexure F and impugned order dated 19.11.2025 vide Annexure-H, are hereby quashed. iii. A liberty is reserved to respondent No.3, if need arises can initiate proceedings in accordance with law. iv. Pending IAs, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE SKS CT:KHV