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2026 DAILYLAW 24140 (KAR)

SRI NAGESH C S v. STATE OF KARNATAKA

WP/8983/2026 · 2026-06-24

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31601 WP No. 8983 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8983 OF 2026 (GM-KSR) BETWEEN: 1. SRI NAGESH C S SON OF K.SRINIVASAMURTHY, AGED ABOUT 62 YEARS, R/AT. NO. F-10, ‘SRI MATHRU KRUPA', JANATHA NAGARA MAIN ROAD, VIJAYA BANK, BOGADI, MYSURU - 570 009. 2. SRI. SUBBAKRISHNAN M.S., SON OF LATE. NANJUNDASWAMAIAH. S., AGED ABOUT 76 YEARS, R/AT. NO. NO.773/7, 7TH CROSS, RAMANUJA ROAD, FORT MOHALLA, MYSURU-570 004. 3. SRI. BALASUBRAMANYA. G.R., SON OF LATE. G. RAMASWAMY, AGED ABOUT 49 YEARS, R/AT. NO.31, 2ND CROSS, SAI RAM LAYOUT, 3RD STAGE, SRIRAMAPURA, MYSURU-570 023. 4. SRI. SRIDHARA MURTHY B.R., SON OF LATE. H. N. RAJA RAO, AGED ABOUT 67 YEARS, R/AT. NO.285, 5TH MAIN, 8TH CROSS, JAYANAGARA, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31601 WP No. 8983 of 2026 MYSURU-570 014. 5. SRI. VASUKESH. L., SON OF VENKATESH. L, AGED ABOUT 64 YEARS, RESIDING AT NO.2788/11F, K/12-B, 14TH CROSS, BASAVESHWARA ROAD, MYSURU - 570 004. …PETITIONERS (BY SRI. B.S.VENKATANARAYANA FOR SRI. MADHUKAR DESHPANDE, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. DEPUTY REGISTRAR, REGISTRAR OF CO-OPERATIVE SOCIETIES AND REGISTRAR OF SOCIETIES, NEW SAYYAJI RAO ROAD, MYSURU DISTRICT, MYSURU-570 024. 3. SRI. K.S. SURESH, SON OF LATE. K.C. SITHARAMAIAH, AGED ABOUT 52 YEARS, RESIDING AT NO.293/1, 'SIRI' 1ST MAIN, 7TH CROSS, CHAMUNDIPURAM, MYSURU- 570 004 4. BRAHMANA DHARMA SAHAYA SABHA (REGD.) A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES - 3 - HC-KAR NC: 2026:KHC:31601 WP No. 8983 of 2026 REGISTRATION ACT, 1960 KALYANA BHAVANA, THYAGARAJA ROAD, MYSURU 570 004. REPRESENTED BY ITS MANAGER SRI. V. SUDHARSHAN. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA FOR R1 & R2; SRI. B.R.CHANDRASHEKAR, ADVOCATE FOR R3; SRI.MAHESH C.M., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 29.12.2025 (ANNEXURE-A) SUBMITTED BY THE PETITIONERS AND TO PASS APPROPRIATE ORDERS ON THE SAID REPRESENTATION IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: “i) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No.2 to consider the representation dated 29.12.2025 (Annexure-A) submitted by the petitioners and to pass appropriate orders on the said representation in accordance with law. ii) Issue an appropriate order appointing an interim Administrator to Respondent No.4 Society to - 4 - HC-KAR NC: 2026:KHC:31601 WP No. 8983 of 2026 manage the day-to-day affairs of the Respondent No.4 Society until a newly elected Management Committee assumes charge. iii) Issue a Writ of Mandamus or any other appropriate writ, order or direction, directing Respondent No.2 to convene the meeting of the Board of Directors of the Respondent No.4 for the election of office bearers. iv) Issue a Writ of Certiorari or any other appropriate writ, order or direction, quashing the notice/intimation dated 09.03.2026 issued by Respondent No.3 for convening the Board Meeting on 20.03.2026 (Annexure-B) of the Respondent No.4-Society.” 2. The President, Secretary at Treasurer of the Society have tendered their resignation. The meeting was conducted on 20.03.2026, where certain resolutions had been passed. Since those resolutions were sought to be given effect to, to the petitioners, who are other committee members are before this Court for the aforesaid reliefs. 3. A co-ordinate bench of this Court vide order dated 20.03.2026 has stayed the operation of the resolution passed pending consideration of the writ petition. The above writ petition has been filed seeking for a mandamus to respondent No.2 to consider the representation dated 29.12.2025, whereunder the appointment of an Administrator has been sought for - 5 - HC-KAR NC: 2026:KHC:31601 WP No. 8983 of 2026 under Section 27 of the Karnataka Societies Registration Act, 1960, pending an enquiry under Section 25 of the KSR Act. 4. Respondent No.4-Society is represented by its Manager, who submits that there being no other office bearers, it is the Manager, who has to take care of the disbursement of the salaries etc. The Manager not being a member of the Society, let alone elected member, cannot be allowed to operate the said bank accounts when there are allegations made by interse between the members and also elected members. 5. In that view of the matter, what is being sought for, being a mandamus, a time frame needs to be fixed for the respondent to consider the same, so that the interests of the other are not adversely affected. As such, this Court passes the following: ORDER i) The writ petition is allowed and mandamus is issued. Respondent No.2 is directed to consider the representation of petitioner - 6 - HC-KAR NC: 2026:KHC:31601 WP No. 8983 of 2026 dated 29.12.2025 at Annexure-A and pass necessary orders by 30.06.2026. ii) It is made clear that the interim order earlier granted by this Court shall continue in force till 30.06.2026. Sd/- (SURAJ GOVINDARAJ) JUDGE MDS List No.: 1 Sl No.: 49