Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 3391 (KAR)

NARAYANA NAYAKA v. STATE OF KARNATAKA

WP/11122/2026 · 2026-04-09

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:19744 WP NO.11122 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.11122 OF 2026 (CS-RES) BETWEEN: 1. NARAYANA NAYAKA S/O LATE CHIKKACHANNANAYAKA, AGED ABOUT 50 YEARS, DARMAPURA VILLAGE, HUNSARU TALUK, MYSURU DISTRICT - 571 105. 2. R. RAMESH S/O RAMANAYAKA, AGED ABOUT 47 YEARS, DARMAPURA VILLAGE, HUNSARU TALUK, MYSURU DISTRICT - 571 105. …PETITIONERS (BY SRI. ANANTHA PRASAD NADIG N.M., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BENGALURU - 560 001. REP. BY ITS CHIEF SECRETARY. 2. THE JOINT DIRECTOR OF AUDIT OF CO-OPERATIVE SOCIETIES, MYSURU DIVISION, MYSURU - 570 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19744 WP NO.11122 OF 2026 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, HUNSURU SUB-DIVISION, HUNSURU TALUK, MYSURU DISTRICT - 571 105. 4. THE PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., DARMAPURA VILLAGE, HUNSARU TALUK, MYSURU DISTRICT - 571 105. REP. BY ITS IN-CHARGE CEO. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.3 TO FORTHWITH CONDUCT AND COMPLETE THE ENQUIRY UNDER SECTION 64 OF THE KARNATAKA CO-OPERATIVE SOCIETIES ACT, 1959, IN TERMS OF ORDER DATED 12TH SEPTEMBER, 2024 VIDE ANNEXURE-H, AND CONSEQUENTLY DIRECT THE RESPONDENT NO.3 TO CONSIDER AND DISPOSE OF THE REPRESENTATION DATED 24TH OCTOBER, 2025 SUBMITTED BY PETITIONERS VIDE ANNEXURE-L IN ACCORDANCE WITH LAW WITHIN A STIPULATED TIME FRAME; AND ETC. THIS PETITION, COMING ON FOR PRELIMIANRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri. H.K. Kenchegowda, learned Additional Government Advocate accepts notice for respondents 1 to 3. 2. In this petition, the petitioners are seeking direction to the respondent No.3 to conduct and complete the enquiry - 3 - HC-KAR NC: 2026:KHC:19744 WP NO.11122 OF 2026 under Section 64 of the Karnataka Co-Operative Societies Act, 1959 (for short, hereinafter referred to as 'KCS Act') in terms of order dated 12th September, 2024 (Annexure-H) and consequently, direct the respondent No.3 to consider and dispose of the representation dated 24th October, 2025 (Annexure-L) in accordance with law; inter alia sought for direction to the respondent No.2 to appoint an independent and competent auditor to conduct a re-audit of the accounts of respondent No.4-Society for the year 2022-23 and 2023-24, after affording an opportunity to the petitioner No.1 and consequently direct the respondent No.2 to consider the representation of the petitioner dated 14th February, 2024 (Annexure-E). 3. Heard Sri. Anantha Prasad Nadig, learned counsel appearing for petitioners and Sri. H.K. Kenchegowda, learned Additional Government Advocate appearing for respondents 1 to 3. 4. Having taken note of the submission made by learned counsel appearing for the parties and on perusal of the averments made in the writ petition, the same would indicate - 4 - HC-KAR NC: 2026:KHC:19744 WP NO.11122 OF 2026 that the petitioner No.1 is a retired Chief Executive Officer and petitioner No.2 is a member of the respondent No.4-Soceity. 5. Insofar as the prayer (A) is concerned, as the enquiry is being conducted under Section 64 of the KCS Act, this Court cannot direct the Enquiry Officer to conclude the enquiry proceedings at the earliest. In respect of the consideration of representation dated 24th October, 2025 (Annexure-L), since the petitioner has sought for appointment of competent Enquiry Officer to complete the proceedings under Section 64, the same cannot be accepted. Therefore, I am of the view that, no interference be called for in this petition. Accordingly, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 2 Sl No.: 21