- 1 - HC-KAR NC: 2026:KHC:13473 WP NO.302 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05H DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.302 OF 2026 (CS-RES) BETWEEN: SADASHIVA O. S/O ELEYANNA POOJARY, AGED ABOUT 30 YEARS, NO.4-118/2, ODIPROTUU MAJALU MANE, BELALU, DAKSHINA KANNADA - 574 240. …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP.BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, VIDHANA SOUDHA, BENGALURU - 560 001. 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES DAKSHINA KANNADA - 575 001. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES BELTHANGADY SUB-DIVISION, MANGALURU, DAKSHINA KANNADA - 575 001. 4. BELAL PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. (REGD. UNDER THE KARNATAKA CO-OPERATIVES SOCIETIES ACT, 1959) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13473 WP NO.302 OF 2026 REP. BY ITS ENQUIRY OFFICER, 1` POST BOX NO.F.F. 57, BELTHANGADY POST, BELALU, DAKSHINA KANNDA - 574 240. 5. BELAL PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. (REGD. UNDER THE KARNATAKA CO-OPERATIVES SOCIETIES ACT, 1959) REP. BY ITS SECRETARY POST BOX NO.FF.57 BELTHANGADY POST, BELALU, DAKSHINA KANNDA - 574240. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3; SRI. P. KARUNAKAR, ADVOCATE FOR R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 07TH DECEMBER, 2025 PASSED BY THE RESPONDENT NO.4-AUTHORITY VIDE ANNEXURE-A AND CONSEQUENTLY ALLOW THE APPLICATION OF THE PETITIONER VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE, EQUITY AND LAW; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER The petitioner herein is challenging the order dated 07th December, 2025 (Annexure-A) passed by the respondent No.4- Enquiry Officer; inter alia sought for allowing the application dated 30th November, 2025 (Annexure-G) filed by the petitioner under Section 117 of the Karnataka Co-operative - 3 - HC-KAR NC: 2026:KHC:13473 WP NO.302 OF 2026 Societies Act read with Rule 55(1) of the Karnataka Co- operative Societies Rules, seeking permission to engage the services of Advocate to defend the case of the petitioner in respect of allegations raised against him by the governing body of the respondent-Society. 2. Heard Sri. Sachin B.S., learned counsel appearing for the petitioner; Sri. Yogesh D. Naik, learned Additional Government Advocate appearing for respondents 1 to 3; and Sri. P. Karunakara, learned counsel appearing for respondents 4 and 5. 3. Having taken note of the submission made by learned counsel appearing for the parties, it is not in dispute that the respondent No.5-Socieity had initiated enquiry against the petitioner as per the Charge Memo dated 15th September, 2025 (Annexure-C) and Enquiry Officer has been appointed to conduct an enquiry. In the enquiry proceedings, the petitioner filed an application dated 30th November, 2025 (Annexure-G), seeking permission to engage the services of Advocate to defend his case in respect of allegations raised against him by the governing body of the respondent-Society as the - 4 - HC-KAR NC: 2026:KHC:13473 WP NO.302 OF 2026 allegations levelled involves the complicated question of law and facts. 4. In that view of the matter, taking into account the law declared by co-ordinate Bench of this Court in the case of C. RAJAPPA AND OTHERS vs. STATE OF KARNATAKA AND ANOTHER made in Writ Petition No.21336 of 2021 decided on 26th November, 2021, I am of the view that the respondent No.4-Enquiry Officer ought to have allowed the application filed by the petitioner for engaging the services of Advocate to defend his case. 5. Therefore, order dated 07th December, 2025 (Annexure-A) passed by the respondent No.4-Enquiry Officer is hereby set-aside. Respondent No.4 is directed to permit the petitioner to engage the services of Advocate to defend his case. In the result, Writ Petition is allowed. All the contentions of the parties are kept open. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 26