- 1 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 3322 OF 2025 (CS-RES) BETWEEN: 1. M V MAYANNA S/O M.V VENKATAPPA AGED ABOUT 45 YEARS MEMBER OF SREE LAKSHMI NARASIMHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD MALAVALLI TOWN, KOTE BEEDI -571430 MANDYA DISTRICT. …PETITIONER (BY SRI. PRUTHVI WODEYAR., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF COOPERATION, M.S.BUILDING, BANGALORE-560001 BY ITS SECRETARY 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, ALI ASKAR ROAD, BANGALORE-560 052 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 MYSORE REGION MYSORE-570001 4. THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, MANDYA SUB-DIVISION MANDYA-571401 5. SREE LAKSHMI NARASIMHA PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY LTD MALAVALLI TOWN, KOTE BEEDI-571430 MANDYA DISTRICT REP/ BY ITS IN-CHARGE CHIEF EXECUTIVE OFFICER/SECRETARY REGISTERED UNDER SOCIETIES REGISTRATION ACT – 1959 6. MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571401 REP. BY ITS SECRETARY REGISTERED UNDER SOCIETIES REGISTRATION ACT – 1959 7. RETURNING OFFICER E.O OF TALUK PANCHAYAT MALAVALLI, MALAVALLI TALUKA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD MALAVALLI, MANDYA DISTRICT-571401 8. THE CO-OPERATIVE ELECTION COMMISSION NGO COLONY WILSON GARDEN BENGALURU-560027 REPRESENTED BY ITS SECRETARY - 3 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 9. K. ANITHA W/O NANDISH AGED ABOUT 45 YEARS WORKING AS ASSISTANT REGISTRAR MANDYA SUB-DIVISION OFFICE AT MANDYA DISTRICT CO-OPERATIVE UNION LTD, MANDYA SAHAKARA BHAVANA, NO.1156, 1ST CROSS, ASHOK NAGAR MANDYA-571401 10. SIDDARAJU S S/O LATE SIDDEGOWDA AGED ABOUT 37 YEARS R/AT KOTE BEEDI THYAGARAJA ROAD WARD No.8 MALAVALLI TOWN MANDYA DISTRICT – 571 430 11. M C RAMESH S/O LATE CHOWDEGOWDA AGED ABOUT 65 YEARS R/AT MYSORE ROAD WARD No.2 MALAVALLI TOWN MANDYA DISTRICT – 571 430 12. PUTTASWAMY S/O LATE SUBBEGOWDA AGED ABOUT 50 YEARS R/AT PETE BEEDI, WARD No.16 MALAVALLI TOWN MANDYA DISTRICT – 571 430 13. SMT. NANDINI M.S. W/O ANANDA AGED ABOUT 37 YEARS R/AT BEHIND ITI COLLEGE WARD NO, 7 - 4 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 MALAVALLI TOWN MANDYA DISTRICT – 571 430 14. M MALLIKARJUNASWAMY S/O MADAIAH AGED ABOUT 63 YEARS R/AT 4TH CROSS, SIDDARTHANAGAR WARD No.9 MALAVALLI TOWN MANDYA DISTRICT – 571 430 15. SMT. DUNDAMMA W/O LATE NANJUNDEGOWDA AGED ABOUT 66 YEARS R/AT PETE BEEDI, WARD No.18 MALAVALLI TOWN MANDYA DISTRICT – 571 430. ......RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R4 & R7 SRI. T.L. KIRAN KUMAR, ADVOCATE FOR R8 (VK NOT FILED) SRI. M.R. RAJGOPAL, SR. COUNSEL FOR Sri.A MAHAMMED TAHIR, ADVOCATE FOR R5 SRI. D.M. KRISHNA, ADVOCATE FOR R6 R9 SERVED NATARAJU T, ADVOCATE FOR R10 TO R15) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 01.02.2025 IN NO. AR39/DDS/DISQUALIFICATION/29/2024-25 PASSED BY THE R-4 VIDE ANNX-Z. QUASH THE ENDORSEMENT DTD. 03.02.2025 IN NO. PCARDB/MYL/139/2024-25 ISSUED BY THE R-7 VIDE ANNX-Z1. DIRECT THE R-7 AND 8 TO INCLUDE THE NAME OF THE PETITIONER IN THE FINAL LIST OF CONTESTING CANDIDATES AND PERMIT THE PETITIONER TO PARTICIPATE IN THE ELECTION TO THE BOARD OF DIRECTORS OF R-6 SCHEDULED ON 10.02.2025. - 5 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioner has filed this writ petition, calling in question the order dated 01.02.2025 passed by respondent No.4 at Annexure-Z and endorsement dated 03.02.2025 passed by respondent No.7 vide Annexure Z1. 2. Brief facts, leading rise to the filing of this petition are as follows: 3. The petitioner is an aspirant to contest the election to the Primary Co-operative Agricultural and Rural Development Bank Ltd., Malavalli Taluk, for the election scheduled on 25.01.2025. Respondent No.3 issued a notice under Section 29C of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act’), with a mala fide intention to see that the - 6 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 petitioner is disqualified from contesting the election. The impugned notice was stayed by this Court in Writ Petition No.23860 of 2024. Respondent No.3 initiated proceedings by issuing a notice directing the petitioner to appear on 17.01.2025. 4. The petitioner was aggrieved by the show-cause notices vide Annexures-L and P in Writ Petition No.23860 of 2024. 5. This Court on 15.01.2025 passed an order directing the petitioner to make his appearance before respondent No.3 therein on 27.01.2025 and submit an objection to the show cause notices vide Annexures-L and P in the aforesaid writ petition, and respondent Nos.3 and 4 herein, was directed to adjudicate the matter by affording sufficient and reasonable opportunity to the petitioner and thereafter proceed to pass an appropriate order in - 7 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 accordance with law within an outer limit of 30 days from the date of appearance. 6. Respondent No.3 posted the matter on 27.01.2025. The parties have appeared through their counsel. The matter was adjourned on various dates and ultimately, the matter was posted on 01.02.2025. The petitioner filed objections on 01.02.2025. Respondent No.4, without considering the objections filed by the petitioner, proceeded to pass the impugned order vide Annexure-Z on 01.02.2025. The petitioner, aggrieved by the impugned order, filed this petition. 7. Respondent No.5 filed a statement of objections contending that respondent No.4 has taken up the matter day-by-day and given sufficient opportunity to the petitioner to lead his evidence and thereafter, passed the impugned order. Hence, prays to dismiss the petition. Further, the petitioner filed a rejoinder - 8 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 to the statement of objections of respondent No.5 and produced the order-sheet contending that impugned order was passed without giving sufficient opportunity. Respondent Nos.10 to 15 filed a statement of objections contending several grounds. 8. Heard the learned counsel for the petitioner and learned Senior Counsel Mr.M.R.Rajagopal for respondent No.5 Society and learned Additional Government Advocate for the State. 9. Learned counsel for the petitioner submits that the show cause notices were issued to the petitioner. The petitioner, aggrieved by the show cause notices, filed a writ petition in WP No.23860 of 2024. He submits that a co-ordinate Bench of this Court disposed of the writ petition, reserving liberty to the petitioner to file an objection to the show cause notices. He submits that the petitioner has filed objections on 01.02.2025 before respondent No.4. Respondent No.4, without - 9 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 considering the objections, proceeded to pass the impugned order. He submits that respondent No.4 has not afforded sufficient and reasonable opportunity to the petitioner, as directed by the Co- ordinate Bench of this Court in W.P. No.23860 of 2024. The impugned order passed by Respondent No.4 is not in compliance with the order passed by this Court in the aforesaid writ petition. He submits that the impugned order passed by respondent No.4 is in violation of the principles of natural justice and hence, on these grounds, he prays to allow the writ petition. 10. Per contra, learned Senior Counsel for respondent No.5 – Society submits that this Court passed the order on 15.01.2025 and respondent No. 4 took up the appeal on Board on 27.01.2025 and the matter was adjourned on several occasions. Despite granting the sufficient opportunity, the petitioner has not filed statement of objections and hence, - 10 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 respondent No.4 has rightly proceeded to pass the impugned order. Hence, there is no violation of the principles of natural justice as contended by the petitioner. Hence, on these grounds, he prays to dismiss the petition. 11. Learned Additional Government Advocate submits that respondent No.4, considering the statement of objections filed by the petitioner, proceeded to pass the impugned order. The impugned order passed by respondent No.4 is in accordance with law. Hence, on this ground, prays to dismiss the writ petition. 12. Perused records, and considered the submissions made by the learned counsel for the respective parties. 13. It is an undisputed fact that the show cause notices were issued to the petitioner on 07.08.2024 and 07.01.2025. The petitioner aggrieved by the show cause notices filed a writ petition in W.P. No.23860 of - 11 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 2024. Pursuant to the order passed by this Court, vide Order dated 15.01.2025, respondent No.4 took up the appeal on 27.01.2025. 14. On a perusal of the order sheet, it is clear that no proceedings were held on 27.01.2025 and the matter was adjourned to 28.01.2025 and the order passed by a Co-ordinate Bench of this Court in W.P. No.23860 of 2024 was placed on record. 15. The matter was adjourned to 29.01.2025, 30.01.2025, 31.01.2025 and thereafter, the matter was adjourned to 01.02.2025. On 01.02.2025, the petitioner filed objections to the show cause notices. Respondent No.4, without considering the objections filed by the petitioner, proceeded to pass the impugned order vide Annexure-Z. 16. The Co-ordinate Bench of this Court in W.P. No.23860 of 2024 has passed the order, which reads as follows: - 12 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 “4. Petitioner No.1 to make his appearance before respondent No.3 on 27.01.2025 and submit objection to the notice at Annexure-L and P, respondent No.3 to adjudicate the matter on merits by affording sufficient and reasonable opportunity to petitioner No.1 and proceed to pass appropriate orders in accordance with law within outer limit of 30 days from the date of appearance, with the said observation the writ petition stands disposed of.” 17. Although the statement of objections was filed on 01.02.2025, respondent No.4, without affording a reasonable and sufficient opportunity of personal hearing, proceeded to pass an order on the same day i.e., on 01.02.2025. Respondent No.4 has not complied with the directions issued by a Co-ordinate Bench of this Court in W.P. No.23860 of 2024. Respondent No.4 without hearing the petitioner, proceeded to pass the impugned order, vide Annexure-Z. Hence, the impugned order passed by respondent No.4 is in violation of principles of natural - 13 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 justice, and on this ground alone, the impugned order is liable to be set aside. 18. In view of the above discussion, I proceed to pass the following order: ORDER (i) The writ petition is allowed. (ii) The impugned order dated 01.02.2025 passed by respondent No.4 vide Annexure-Z and endorsement dated 03.02.2025 passed by respondent No.7 vide Annexure Z1 are hereby quashed. (iii) The petitioner and respondent No.5 are directed to appear before respondent No 4 on 06.03.2026. (iv) Respondent No.4 is directed to adjudicate the matter by affording an opportunity of hearing to the petitioner and respondent No.5, and thereafter pass an appropriate order in accordance with law, on or before 24.03.2026. - 14 - HC-KAR NC: 2026:KHC:9417 WP No. 3322 of 2025 (v) All contentions of both parties are kept open. (vi) The result of the election and declaration of the petitioner as the returned candidate shall be subject to the final outcome of the appeal. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 57