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2026 DAILYLAW 20440 (KAR)

SRI RANJITH KUMAR V. v. THE STATE OF KARNATAKA,

WP/16781/2026 · 2026-06-08

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27049 WP No. 16781 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 16781 OF 2026 (CS-RES) BETWEEN: SRI. RANJITH KUMAR V. S/O SRI. MALLIKARJUNA, AGED ABOUT 42 YEARS, VENKATAPURA VILLAGE, PAVAGADA TALUK, TUMAKURU DISTRICT-561 202. …PETITIONER (BY SRI. VEERESHA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES IN KARNATAKA, NO.1, ALI ASKER ROAD, BENGALURU - 560052, ITS REG. AT KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959. 3. THE KARNATAKA STATE CO-OPERATIVE WOOLLEN HANDLOOM WEAVERS FEDERATION LIMITED, Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27049 WP No. 16781 of 2026 NO.147, INFANTRY ROAD, BENGALURU - 560001, REPRESENTED BY ITS SECRETARY / CHIEF EXECUTIVE OFFICER. ITS REG. AT KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959. 4. WOOLLEN AND SILK HANDLOOM WEAVERS PRODUCTION AND SALES CO-OPERATIVE SOCIETY LTD., VENKATAPURA - 561202, PAVAGADA TALUK, TUMAKURU DISTRICT, REPRESENTED BY ITS SECRETARY, ITS REG. AT KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959. 5. THE PRESIDENT / CHAIRMAN, WOOLLEN AND SILK HANDLOOM WEAVERS PRODUCTION AND SALES CO-OPERATIVE SOCIETY LTD., VENKATAPURA - 561202, PAVAGADA TALUK, TUMAKURU DISTRICT, ITS REG. AT KARNATAKA CO-OPERATIVE SOCIETY ACT, 1959. 6. SRI. SHANKAR Y. S/O. YELLAPPA, AGED ABOUT 36 YEARS, R/AT. VENKATAPURA, PAVAGADA TALUK, TUMAKURU DISTRICT-561202. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE - 3 - HC-KAR NC: 2026:KHC:27049 WP No. 16781 of 2026 A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED RESOLUTION / DECISION DATED 01-06-2026 PASSED BY THE 4TH RESPONDENT WOOLLEN AND SILK HANDLOOM WEAVERS PRODUCTION AND SALES CO-OPERATIVE SOCIETY LTD., VENKATAPURA, PAVAGADA TALUK, TUMAKURU DISTRICT, IN SO FAR AS IT RELATES TO CHANGING / DISTURBING / REPLACING THE PETITIONER FROM THE POST OF DIRECTOR / REPRESENTATIVE DIRECTOR TO THE 3RD RESPONDENT STATE-LEVEL FEDERATION, PRODUCED AS ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner got elected as a Director of respondent No.4 - Primary Society. Thereafter, in the year 2023, he was elected as a Director of respondent No.3 - Secondary Society, on the strength of being a nominee of respondent No.4 - Primary Society. Thereafter, fresh elections were conducted to the Board of Directors of respondent No.4 - Primary Society in the year 2025. The petitioner was again - 4 - HC-KAR NC: 2026:KHC:27049 WP No. 16781 of 2026 successful and became a Director in respondent No.4 - Primary Society. However, upon the reconstitution of the Board of Directors, respondent No.4–Primary Society passed a resolution withdrawing the petitioner's nomination as its representative on the Board of Directors of respondent No.3–Secondary Society and, in his place, nominated respondent No.6 as a Director. Aggrieved by the same, the present writ petition is filed with the following prayers: "a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the impugned resolution / decision dated 01-06-2026 passed by the 4th respondent Woollen and Silk Handloom Weavers Production and Sales Co-operative Society Ltd., Venkatapura, Pavagada Taluk, Tumakuru District, in so far as it relates to changing / disturbing / replacing the petitioner from the post of Director / Representative Director to the 3rd respondent State- level Federation, produced as Annexure-E; b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent Secretary / Chief Executive Officer of The Karnataka State Co-operative Woollen Handloom - 5 - HC-KAR NC: 2026:KHC:27049 WP No. 16781 of 2026 Weavers Federation Limited, Bengaluru, not to act upon the impugned resolution / decision dated 01- 06-2026 passed by the 4th respondent society; c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to continue the petitioner as Director / Representative Director of the 4th respondent local society in the 3rd respondent State-level Federation for his remaining five-year tenure from 29-01-2023 and not to remove, replace, alter or disturb his status except in accordance with law; d) Grant such other writ, order or direction as this Hon'ble Court deems fit to grant in the facts and circumstances of the case, in the interest of justice and equity." 2. The case of the petitioner is that once he is elected as a Director to respondent No.3 - Secondary Society, unless he is otherwise disqualified, he is entitled to continue as a Director for a period of 5 years and respondent No.4 - Primary Society could not have passed resolution replacing him. On the said ground, it is prayed that the writ petition be allowed. - 6 - HC-KAR NC: 2026:KHC:27049 WP No. 16781 of 2026 3. Per contra, the learned Additional Government Advocate, upon instructions, submits that respondent No.4 - Primary Society is empowered under Section 18-B of the Karnataka Co-operative Societies Act, 1959, to withdraw the directorship of the petitioner. On the said ground, it is prayed that the writ petition be dismissed. 4. Section 18-B(ii) of the Karnataka Co-operative Societies Act, 1959 reads as under:- "18-B. Cessation of directorship.-A Director of a secondary Co-operative Society or a Federal Society or an Apex Society who is a representative of another co- operative society shall cease to be a Director of such co-operative society forthwith if.- (ii) the Co-operative Society which nominated him as a representative, withdraws his nomination; or" 5. A bare reading of the aforementioned provision entitles respondent No.4 - Primary Society to withdraw the nomination of the petitioner to the post of Director of respondent No.3 - Secondary Society. - 7 - HC-KAR NC: 2026:KHC:27049 WP No. 16781 of 2026 6. Under the said circumstances, I do not see any error in the impugned order. Hence, the writ petition stands dismissed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 5