Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010448562026 NC: 2026:KHC:42249 WP No. 20229 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20229 OF 2026 (CS-RES) BETWEEN:
1. SRI.SATHISH.M, S/O SRI. MUNIYAPPA, AGED ABOUT 43 YEARS, RESIDING AT NELLUKUNTE VILLAGE, HESARGATTA VILLAGE, DODDATUMUKURU RURAL, DODDATUMUKUR, BANGALORE NORTH - 561203.
…PETITIONER (BY SRI. NAVEEN KUMAR S R.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, DEPARTMENT OF CO-OPERATION, M.S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY
2.
THE REGISTRAR OF CO-OPERATIVE SOCIETY, NO.1, ALI ASKAR ROAD, BANGALORE-560052
3.
THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010448562026 NC: 2026:KHC:42249 WP No. 20229 of 2026
BANGALORE URBAN DISTRICT, ALI ASKAR ROAD, BANGALORE-560 001.
4.
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES ZONE-1, BANGALORE URBAN DISTRICT, SAHAKARA SOUDHA, BANGALORE-560 003.
5.
KADATHANAMALE MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED, KADATHANAMALE, ARAKERE POST, BANGALORE NORTH TALUK-562 136, REP BY ITS SECRETARY.
(REG UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959).
6.
SRI. SATHISH. K.R S/O RAMAIAH, AGED 42 YEARS R/AT. KADATHANAMALE VILLAGE, ARAKERE POST, HESARAGATTA HOBLI, BANGALORE NORTH TALUK-562 136.
…RESPONDENTS (BY SRI.YOGESH D.NAIK., AGA FOR R1 TO R4;
R5 AND R6 ARE SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NO. 2 TO CONSIDER REPRESENTATIONS DATED 23.06.2026 AT ANNEXURE A TO FIX DATE AND TO EXPEDITE PROCEEDING IN NO.ARB-44 /DISQUALIFICATION/29-C/01/2025-26, IN TIME BOUND MANNER ON APPOINTMENT OF PRESIDING OFFICER 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:
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HC-KAR
CNR: KAHC010448562026 NC: 2026:KHC:42249 WP No. 20229 of 2026
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER Respondent No.6 is a Director of respondent No.5 - Society. On the allegation that he requires to be disqualified in accordance with law, the petitioner made the necessary representation to respondent No.2 to initiate proceedings under Section 29C of the Karnataka Co- operative Societies Act, 1959 (for short, 'the Act'). As the authorities concerned found prima facie materials against respondent No.6, proceedings under Section 29C of the Act was initiated by respondent No.4. He passed an order against respondent No.6 and disqualified him from the Board of members of respondent No.5 - Society. However, the same came to be challenged by way of Writ Petition No.13579/2026 and the matter came to be remanded back to respondent No.4 for fresh consideration and the earlier order passed by respondent No.4 was set aside. When the proceedings were pending before respondent 4, respondent No.6 made an application for rejection of the
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HC-KAR
CNR: KAHC010448562026 NC: 2026:KHC:42249 WP No. 20229 of 2026
proceedings against him. The said request was not considered favourably. Aggrieved by it, respondent No.6 preferred a Writ Petition No.17788/2026 which came to be withdrawn. Thereafter, the proceedings against respondent No.6 commenced. On the allegation that respondent No.6 threatened the Presiding Officer, the concerned Presiding Officer recused himself from hearing the matter and then, criminal proceedings have been initiated against respondent No.6 for threatening the Presiding Officer. Thereafter, another Presiding Officer came to be appointed to consider the lis and he also has recused on the ground that respondent No.6 has expressed displeasure about the conduct of the case. 2. The allegation of the petitioner is that respondent No.6 has threatened the new Presiding Officer also, which resulted in him recusing from the case. However, instead of stating being threatened, he has given the reason that respondent No.6 was unhappy with the proceedings, hence, he is recusing himself. - 5 -
HC-KAR
CNR: KAHC010448562026 NC: 2026:KHC:42249 WP No. 20229 of 2026
3.
It is the case of the petitioner that because of the aforementioned facts, no proceedings under Section 29C of the Act is being continued against respondent No.6 herein and hence, he has filed a writ petition with a prayer to direct respondent No.2 to consider the representation of the petitioner herein by appointing an Assistant Registrar of Co-operative Society to hear the complaint against respondent No.6 and pass appropriate orders under Section 29C of the Act. 4. Respondent Nos.5 and 6 though served have remained unrepresented. 5. The learned Additional Government Advocate, upon instructions, submits that they will take immediate steps to appoint the necessary Presiding Officer and also give him full protection, if respondent No.6 were to threaten them. Hence, the following:
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HC-KAR
CNR: KAHC010448562026 NC: 2026:KHC:42249 WP No. 20229 of 2026
ORDER i. The Writ Petition is hereby disposed of. ii. Respondent No.2 shall appoint the necessary Presiding Officer within a period of four (04) weeks from the date of receipt of certified copy of this order and also afford him protection, so that he can decide the dispute under Section 29C of the Act pertaining to respondent No.6 herein, in accordance with law. iii. A decision regarding the dispute under Section 29C of the Act shall be decided by respondent No.4 as expeditiously as possible.
SD/- (M.I.ARUN) JUDGE
CH List No.: 1 Sl No.: 60