SRI. M. MUDDAIAH v. THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETY
WP/20903/2023 · 2026-06-04
M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 20044 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 20044 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26515 WP No. 20903 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20903 OF 2023 (CS-RES) BETWEEN:
SRI. M. MUDDAIAH S/O LATE KEMPAIAH, AGED ABOUT 73 YEARS, THE THEN VICE PRESIDENT OF NGEF EMPLOYEES AND EX-EMPLOYEES HBCS LTD., RESIDING AT NO.18, 2ND MAIN ROAD, 7TH CROSS, NANJAMMA AGRAHARA, CHAMARAJAPET, BENGALURU - 560018. …PETITIONER (BY SRI. RAMESHCHANDRA, ADVOCATE)
AND:
1.
THE ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETY, NO.1, ALI ASKAR ROAD, BENGALURU - 560052.
2.
JOINT REGSITRAR OF CO-OPERATIVE SOCIETIES, BENGALURU REGION,
"SAHAKRA SOUDHA", NO.146, 3RD MAIN ROAD, 8TH CROSS, MARGOSA ROAD, MALLESHWARAM, BENGALURU - 560003.
Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26515 WP No. 20903 of 2023
3.
NGEF EMPLOYEES AND EX-EMPLOYEES HBCS LTD., NO.215, FIRST FLOOR, LINK ROAD, SHESHADRIPURAM, BENGALURU - 560020.
4.
THE PRESIDENT, NGEF EMPLOYEES AND EX-EMPLOYEES HBCS LTD., NO.215, FIRST FLOOR LINK ROAD, SHESHADRIPURAM, BNGALURU - 560020.
5.
SRI. B. R. PUNDAREEKAKSHA, AGED ABOUT 65 YEARS, S/O LATE B. R. RANGAPPA, DIRECTOR, NGEF EMPLOYEES AND EX-EMPLOYEES HBCS LTD., N. 215, FIRST FLOOR, LINK ROAD, SHESHADRIPURAM, BENGALURU - 560020.
…RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2;
SRI. DEVIPRASAD SHETTY, ADVOCATE FOR R4;
SRI. N. RAMACHANDRA, ADVOCATE FOR R5; R3-SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO 4 TO TAKE APPROPRIATE ACTION IN ACCORDANCE WITH LAW AND DISQUALIFY THE 5TH RESPONDENT FOR A PERIOD OF 4 YEARS AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:26515 WP No. 20903 of 2023
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
The case of the petitioner is that respondent No.5 is disqualified to be elected or appointed or continue as a member of the Board of any Co-operative Society as contemplated under Section 29C of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act'). In spite of it, he is holding the post of Vice President of respondent No.3 - Society. Hence, he has made a representation to respondents No.1, 2 and 3 in this regard.
2. In pursuance of the said representation, respondent No.1 has issued endorsements dated 16.05.2022 and 19.07.2022 stating that action will be initiated against respondent No.5 based upon the representation of the petitioner. However, no action was initiated. Hence, the present writ petition is filed with the following prayers:
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HC-KAR NC: 2026:KHC:26515 WP No. 20903 of 2023
"WHEREFORE, the petitioner prays that the Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction, i) Direct the respondent No.1 to 4 to take appropriate action in accordance with law and disqualify the 5th respondent for a period of 4 years. ii) Award court costs and such other reliefs as the Hon'ble Court deems fit to grant in the interest of justice."
3. Respondent No.5 submits that he is entitled to hold the post of Vice President of respondent No.3 - Society and he should not be disqualified.
4. However, the learned Additional Government Advocate appearing for respondents No.1 and 2 submits that they will hear both the petitioner and respondent No.5 and will pass appropriate orders in furtherance of their endorsements dated 16.05.2022 (vide Annexure-D to the writ petition) and 19.07.2022 (vide Annexure-D1 to the writ petition) within a reasonable period of time.
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HC-KAR NC: 2026:KHC:26515 WP No. 20903 of 2023
5. Hence, the following:
ORDER i) Both the petitioner and respondent No.5 shall appear before respondent No.2 on 18.06.2026 at 03.00 p.m., and make their submissions regarding the matter. ii) Respondent No.2 after hearing both petitioner as well as respondent No.5 shall pass appropriate orders regarding disqualification or otherwise of respondent No.5, as contemplated under Section 29C of the Act, within a period of three (3) months thereafter. iii) The Writ Petition stands disposed of accordingly.
Sd/- (M.I.ARUN) JUDGE MCR List No.: 1 Sl No.: 47