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2026 DAILYLAW 33809 (KAR)

SMT. G.K. ANUSUYA KALASEGOWDA v. THE STATE OF KARNATAKA

WP/8849/2024 · 2026-08-07

M I Arun

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010175272024 NC: 2026:KHC:42020 WP No. 8849 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8849 OF 2024 (CS-RES) BETWEEN: SMT. G.K. ANUSUYA KALASEGOWDA W/O K.N. KALASEGOWDA, AGED ABOUT 59 YEARS, RESIDING AT NO.248, 9TH MAIN ROAD, SRINIVASANAGAR, BANASHANKARI 3RD PHASE, BENGALURU - 560 050. …PETITIONER (BY SRI. N.R. NAIK, ADVOCATE(V.C)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATIVE, REPRESENTED BY ITS SECRETARY, M.S. BUILDING, BENGALURU - 560 001. 2. THE SECRETARY THE BASAVANAGUDI CO-OPERATIVE SOCIETY LIMITED, AS PER SOCIETY REGISTRATION ACT. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010175272024 NC: 2026:KHC:42020 WP No. 8849 of 2024 HEAD OFFICE, NO.37, 2ND FLOOR, BOSCO COURT, COMMERCIAL COMPLEX, GANDHI BAZAR, BASAVANAGUDI, BENGALURU - 560 004. 3. SRI. KRISHNAMURTHY L NO.584, 1ST 'A' MAIN, SRINAGAR, BENGALURU - 560 050. …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1; SRI. MAYANNA GOWDA, ADVOCATE FOR R3; R2 - SERVED-UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE NOTIFICATION ISSUED BY THE RESPONDENT NO.1 IN NO. 296 2023 DATED 14.3.24 WHICH IS PRODUCED AT ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR CNR: KAHC010175272024 NC: 2026:KHC:42020 WP No. 8849 of 2024 ORAL ORDER The petitioner has been nominated by the Government as its representative on the Board of respondent No.2, which is an Assisted Co-operative Society. The said appointment is made under Section 28A(4B)(1) of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act') on 19.10.2023. She has been removed on 14.03.2024 by way of the impugned order without assigning any reason. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioner is that the impugned order removing her as representative of the Government on the Board of respondent No.2 - Society, has been made without assigning any reason and hence, the same is liable to be set aside. 3. Per contra, the learned Additional Government Advocate and also the learned counsel appearing for - 4 - HC-KAR CNR: KAHC010175272024 NC: 2026:KHC:42020 WP No. 8849 of 2024 respondent No.3 together submit that as per Section 28A(4B)(1) of the Act, the petitioner can hold office only during the pleasure of the Government and no reason needs to be assigned to remove her. 4. Respondent No.2 though served has remained unrepresented. 5. Section 28A(4B)(1) of the Act reads as under: "[28A. Management of co-operative societies vest in the *board*.- (4B)-(1) The State Government may nominate one person as its representative on the board of every assisted society other than the board of a primary agricultural credit cooperative society. [The nominated person can vote in all meetings and elections of the co-operative society; and also can contest in all the elections of the Co-operative Society. The ex-officio members and nominee from financial or credit agency shall have the voting right but are not eligible to contest as office bearer] Provided that the person so nominated as a member of a cooperative society shall hold office as - 5 - HC-KAR CNR: KAHC010175272024 NC: 2026:KHC:42020 WP No. 8849 of 2024 such member during the pleasure of the State Government." 6. The aforementioned provision makes it clear that the petitioner would hold the office only during the pleasure of the Government and no reason be assigned for her removal. Hence, I do not find any error in the impugned order and accordingly, the Writ Petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 35