- 1 - HC-KAR CNR: KAHC010425342026 NC: 2026:KHC:40416 WP No. 19152 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 19152 OF 2026 (CS-RES) BETWEEN: 1. SRI. M B RAMESHA S/O N BOREGOWDA AGED ABOUT 61 YEARS 2. SRI NANJUNDAPPA S/O SRIMUDDAPPA AGED ABOUT 58 YEARS 3. SMT LALITHMMA W/O LATE VENKATARAMU AGED ABOUT 57 YEARS 1ST PETITIONER IS PRESIDENT 2ND AND 3RD PETITIONERS ARE DIRECTORS OF MURUKANAHALLI PRIMARY AGRICULTURAL AND CREDIT CO-OPERATIVE SOCIETY LTD K R PETE TALUK MANDYA - 571 401 …PETITIONERS (BY SRI. PAVANKUMAR K.S., ADVOCATE FOR SRI. DHRUVA KUMARA D.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY CO-OPERATIVE DEPARTMENT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010425342026 NC: 2026:KHC:40416 WP No. 19152 of 2026 DR. B.R. AMBEDKAR VEEDHI M.S. BUILDING BENGALURU - 560 001 2. THE DEPUTY DIRECTOR OF CO-OPERATIVE SOCIETEIS MANDYA DISTRICT MANDYA - 571 401 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES PANDAVAPURA SUB-DIVISION OLD S.B.M. ROAD OPP. TO BABU HOSPITAL PANDAVAPURA MANDYA - 571 401 4. MURUKANAHALLI PRIMARY AGRICULTURAL (REGISTERED UNDER CO OP SOCIETIES ACT ) CREDIT CO-OP SOCIETY LTD., K.R. PETE TALUK MANDYA - 571 401 REP BY ITS CHIE EXECUTIVE OFFICER 5. THE DISTRICT CENTRAL CO-OP BANK (REGISTERED UNDER CO-OP SOCIETIES ACT) MANDYA DISTRICT BY ITS MANAGING DIRECTOR MANDYA - 571 401 …RESPONDENTS (BY SRI. YOGESH D. NAIK, AGA FOR R1 TO R3 VIDE ORDER DATED R4 AND R5 ARE DISPENSED WITH) - 3 - HC-KAR CNR: KAHC010425342026 NC: 2026:KHC:40416 WP No. 19152 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET- ASIDE THE ORDER PASSED BY THE RESPONDENT NO.2 BY ADJOURNING THE MATTER TO 07-07-2026 WITHOUT CONSIDERING INTERIM APPLICATION UNDER SECTION 106(B) OF KARNATAKA CO-OPERATIVE SOCIETIES ACT IN DRY/DAP/03/2026-27, INSPITE OF ELECTION FOR THE POST OF PRESIDENT IS FIXED ON 30.06.2026, PRODUCED AT ANNEXURE -A AND ETC. THIS PETITION, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioners in the instant writ petition have challenged their disqualification under Section 29C of the Karnataka Co-operative Societies Act, 1959 (for short, 'the Act') before the Appellate Authority. On the ground that no interim orders was passed by the Appellate Authority, on an application filed in the said proceedings, - 4 - HC-KAR CNR: KAHC010425342026 NC: 2026:KHC:40416 WP No. 19152 of 2026 the present writ petition is filed with the following prayers: "a) Issue writ in nature of certiorari and Set-aside the Order passed by the Respondent No.2 by adjourning the matter to 07-07-2026 without considering Interim Application under Section 106(B) of Karnataka Co- Operative Societies Act in DRY/DAP/03/2026-27 inspite of Election for the post of President is fixed on 30.06.2026, produced at Annexure 'A'. b) Allow Interim Application filed under Section 106(1)(3) of Karnataka Co-Operative Societies Act, 1959 in Appeal filed U/s. 106 of the act, before the 2nd Respondent in DRY/DAP/03/2026-27, at Annexure-'D'. c) To pass any other order/s as this Hon'ble Court deems fit under facts and circumstances of the case including the costs of the proceedings." 2. Annexure-A is the order passed by the Appellate Authority wherein it has refused to consider the application of the petitioners for passing of the interim orders. 3. This Court, on 29.06.2026, had passed the following interim order: - 5 - HC-KAR CNR: KAHC010425342026 NC: 2026:KHC:40416 WP No. 19152 of 2026 "Learned AGA accepts notice for respondent nos.1, 2 and 3. Issue emergent notice to respondent nos.4 and 5. The case of the petitioners is that on the false allegation, that during their tenure as office bearers of respondent no.4-Society, without taking necessary prior permission from the authorities concerned, they have constructed a building and they have spent money and they have been disqualified under Section 29C of the Karnataka Co-operative Societies Act, 1959 and the Appellate Authority has not considered their request for interim prayers. Petitioner no.1 has filed an affidavit dated 29.06.2026 in this regard and he has stated as under: "4. I submit that the allegation made against us, while dis-qualifying us that the prior permission was not obtained to construct the building in the year 2020-21 and without that building was constructed is totally denied as false and baseless. In as much as the Chief Executive Officer has mis- lead the 3rd Respondent as if the building is constructed by us during our tenure, which is contrary to record. On the other hand it is submitted that the alleged building was constructed as early as in the year 1976, - 6 - HC-KAR CNR: KAHC010425342026 NC: 2026:KHC:40416 WP No. 19152 of 2026 which is a one floor building and we were not the directors when the said building was constructed." It is further submitted that the impugned order disqualifying the petitioners under Section 29C of the Karnataka Co-operative Societies Act, 1959 has been passed without granting sufficient time to them to explain their defence and that in the appeal filed by them, respondent No.2 has rejected their application for interim prayer without assigning any proper reasons. It is also submitted that petitioner No.1 is the President of respondent No.4-Society and on the ground that he has been removed and disqualified, the election is sought to be conducted for the post of President of respondent No.4-Society on 30.06.2026. For the aforementioned reasons, there shall be stay of operation of the calendar of events (Annexure- B) issued to conduct the election to the post of President of respondent No.4-Society, which is scheduled to be held on 30.06.2026, till the next date of hearing. List on 03.08.2026." - 7 - HC-KAR CNR: KAHC010425342026 NC: 2026:KHC:40416 WP No. 19152 of 2026 4. The learned Additional Government Advocate, upon instructions, submits that the writ petition may be disposed of with a direction to the Appellate Authority to dispose of the appeal as expeditiously as possible and the interim order passed by this Court in the meanwhile can continue to operate till a decision is taken by the Appellate Authority. 5. The petitioners are agreeable for the same. 6. Hence, the following: ORDER i. The Writ Petition is hereby disposed of. ii. Respondent No.2 is directed to dispose of the appeal pending before it in respect of the subject matter of the writ petition, as expeditiously as possible. iii. The parties shall co-operate for quick disposal of the appeal. - 8 - HC-KAR CNR: KAHC010425342026 NC: 2026:KHC:40416 WP No. 19152 of 2026 iv. Till the appeal is disposed of, the interim order granted by this Court on 29.06.2026, shall continue to operate. v. It is hereby made clear that no opinion has been expressed on the merits of the case and irrespective of the interim order granted by this Court and the observations made herein above, respondent No.2 shall dispose of the appeal pending on its file purely based on the merits of the case. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 22