- 1 - HC-KAR NC: 2026:KHC:27992 WP No. 14926 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 14926 OF 2022 (CS-RES) BETWEEN: 1. SRI JOCKIM CORREA AGED 52 YEARS S/O LATE JOHN CORREA PRESIDENT KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA BANANGADY MOODABIDRI TALUK D.K. DISTRICT-574 227. 2. SRI GANGADHARA SHETTY AGED 63 YEARS S/O LATE BABU SHETTY VICE-PRESIDENT KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA BANANGADY, MOODABIDRI TALUK D.K. DISTRICT-574 227. 3. KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA A PRIMARY AGRICULTURAL CREDIT CO-OPERATIVE SOCIETY ESTABLISHED IN THE YEAR 1976 AND REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959 Digitally signed by V MANJUSHA BAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27992 WP No. 14926 of 2022 REPRESENTED BY ITS PRESIDENT AND VICE-PRESIDENT BANANGADY, MOODABIDRI TALUK D.K. DISTRICT-574 227. …PETITIONERS (BY SRI. P.P. HEGDE, SENIOR ADVOCATE FOR SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA CO-OPERATIVE DEPARTMENT REPRESENTED BY ITS SECRETARY VIKASA SOUDHA BENGALURU-560 001. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION MYSORE-570 004. 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCITIES D.K. DISTRICT, MANGALORE-575 001. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANGALORE SUB-DIVISION D.K. DISTRICT, MANGALORE-575 001. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA.) - 3 - HC-KAR NC: 2026:KHC:27992 WP No. 14926 of 2022 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS TO NOMINATE THE MEMBER TO THE RECRUITMENT COMMITTEE FOR DIRECT APPOINTMENT OF STAFF TO PETITIONER NO.3/KALLAMUNDKUR VYAVASAYA SEVA SAHAKARI SANGHA NIYAMITHA AS REQUIRED UNDER RULE 17-A OF THE KARNATAKA CO-OPERATIVE SOCIETIES RULES, 1960, BY CONSIDERING THE REQUISITIONS OF PETITIONER NO.3 SOCIETY'S BOARD RESOLUTIONS DATED 20.09.2017, 28.10.2017, 13.01.2021 AND 25.04.2022 WHICH ARE PRODUCED AS ANNEXURES-B, B1, B2 AND B3 WITHIN THE TIME LIMIT THAT MAY BE FIXED BY THIS HON'BLE COURT, ETC, THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. Petitioner No.3 - Society without following the procedure as contemplated under Rules 17, 17-A and 18 of the Karnataka Co-operative Societies Rules, 1960, (for short 'the Rules') recruited certain staff on a temporary basis. Thereafter, petitioner Nos.1 and 2 who are the erstwhile office bearers of petitioner No.3 - Society have preferred the writ petition with the following prayers:- - 4 - HC-KAR NC: 2026:KHC:27992 WP No. 14926 of 2022 "(a) Issue a Writ of Mandamus or any other appropriate Writs or Orders, directing Respondents to nominate the Member to the recruitment committee for direct appointment of staff to Petitioner No.3/Kallamundkur Vyavasaya Seva Sahakari Sangha Niyamitha as required under Rule 17-A of the Karnataka Co-Operative Societies Rules, 1960, by considering the requisitions of Petitioner No.3 Society's board resolutions dated 20.09.2017, 28.10.2017, 13.01.2021 and 25.04.2022 which are produced as Annexure 'B', 'B-1', 'B-2' & 'B-3' within the time limit that may be fixed by this Hon'ble Court; and (b) Issue appropriate Writs or Directions, permitting Petitioner No.3/ Kallamundkur Vyavasaya Seva Sahakari Sangha Niyamitha to appoint/ continue the temporary staff till the date of making appointments/ recruitments by constituting the recruitment committee after Respondents nominate their member for the said committee as required under Rule 17-A of the Karnataka Co-Operative Societies Rules, 1960; and (c) Issue appropriate Writs or Directions, restraining Respondents from initiating or - 5 - HC-KAR NC: 2026:KHC:27992 WP No. 14926 of 2022 taking any action against Petitioner No.3/Kallamundkur Vyavasaya Seva Sahakari Sangha Niyamitha or its board of management for making appointment from the period of Petitioner No.3 Society's board resolutions dated 20.09.2017, 28.10.2017, 13.01.2021 and 25.04.2022 which are produced as Annexure 'B', 'B-1', 'B-2' & 'B-3' till making regular appointment/ recruitment by constituting the committee after Respondents nominate their member for the said committee as required under Rule 17-A of the Karnataka Co-Operative Societies Rules, 1960; and (d) Grant such other and further reliefs as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity." 2. Learned AGA appearing for the respondents, upon instructions, submits that the petitioners could not have gone ahead to fill up the vacancies without following the due process as contemplated under Rules 17, 17-A and 18 of the Rules. It is submitted that the State was always willing to co-operate in the recruitment process as - 6 - HC-KAR NC: 2026:KHC:27992 WP No. 14926 of 2022 contemplated under the Rules. It is further submitted that if the petitioners were aggrieved by the inaction of the State inspite of several requests, they were required to approach the appropriate authority seeking suitable directions against the State and thereafter, ought to have filled up the vacancies. It is submitted that the petitioners erred in not doing so. 3. Sri.Dhananjaya Kumar, learned counsel submits that he appears for petitioner No.3 - Society. He submits that subsequent to the filing of the writ petition, fresh elections have taken place to petitioner No.3 - Society and that petitioner Nos.1 and 2 are no longer the office-bearers of petitioner No.3 - Society. He further submits that petitioner No.3 - Society will evaluate the recruitment done by the erstwhile Board and take suitable action on the same in accordance with law, including any action that needs to be initiated against the erstwhile Board Members for any malfeasance or misfeasance. He further submits if it is found that the appointed persons are suitable for the - 7 - HC-KAR NC: 2026:KHC:27992 WP No. 14926 of 2022 post necessary and if law permits regularization, they would be regularized and if law does not permit, the process of recruitment will be commenced once again. 4. Learned AGA has no objection for the same. 5. Admittedly, the erstwhile Board ought not to have recruited the employees in violation of the Rules. Under the circumstances, I find the submission made by Sri.Dhananjaya Kumar, learned counsel appearing on behalf of the Society to be just, reasonable and in accordance with law. 6. For the aforementioned reasons, the writ petition stands disposed of in terms of the submission made by Sri.Dhananjaya Kumar learned counsel appearing for petitioner No.3 - Society. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 26