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2026 DAILYLAW 36925 (KAR)

SRI A S VENKATESH v. THE STATE OF KARNATAKA

WP/25700/2026 · 2026-08-29

M I Arun

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010571312026 NC: 2026:KHC:46769 WP No. 25700 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25700 OF 2026 (CS-RES) BETWEEN: 1. SRI A S VENKATESH AGED 68 YEARS S/O. LATE A SHEENAPPA R/AT "SURABHI", JAIN COMPOUND N.G. ROAD, ATTAVAR MANGALORE - 575 001 2. SRI. RAMESH T. MENDON AGED MAJOR R/AT "KAMALANIKETHAN" BHAT NAGAR, THOKKOTTU POST ULLAL MANGALORE - 575 022 …PETITIONERS (BY SRI. YATHIN B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF CO-OPERATIVE M.S. BUILDING BENGALURU - 560 001 2. THE AUTHORISED OFFICER/ ASSISTANT REGISTRAR OF CO-OPERATIVE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010571312026 NC: 2026:KHC:46769 WP No. 25700 of 2026 SOCIETIES PUTTUR SUB-DIVISION, PUTTUR DAKSHINA KANNADA DISTRICT - 574 201 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (URBAN BANKS DIVISION) M.S. BUILDING, BENGALURU - 560 001 4. THE CHIEF EXECUTIVE/SECRETARY OF KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED KARAVALI SOUDHA ATTAVAR, MANGALORE - 575 001 5. SRI. VISHWAS KUMAR DAS AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O: LADY HILL, MANGALORE - 575 006 6. SRI. KESHAVA M. AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O: MAROLI, KULASHEKAR MANGALORE - 575 005 7. SRI. NAGESH N AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O: PUTHROTIBAIL HOUSE - 3 - HC-KAR CNR: KAHC010571312026 NC: 2026:KHC:46769 WP No. 25700 of 2026 NARIKOMBU POST PANEMANGALORE BANTWAL - 574 231 8. SRI. BHARATH KUMAR A AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPEARATIVE SOCIETY LIMITED R/O: CHAKRAPANI TEMPLE AREA N.G. ROAD, ATTAVAR MANGALORE - 575 001 9. SRIMATI SHOBHA A AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPEARATIVE SOCIETY LIMITED R/O: SHREYAS, ATTAVAR PALACE MANGALORE - 575 001 10. SRI. PRAKASH B. AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPEARATIVE SOCIETY LIMITED R/O. ASHRAYA COLONY DEVINAGAR PACHCHANADI, BONDEL, MANGALORE - 575 008 11. SRI. THARANATH SUVARNA AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPEARATIVE SOCIETY LIMITED R/O: PADIL, MANGALURU - 575 007 - 4 - HC-KAR CNR: KAHC010571312026 NC: 2026:KHC:46769 WP No. 25700 of 2026 12. SRI. PADMANABHA M AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPEARATIVE SOCIETY LIMITED R/O: MAROLI, KULASHEKAR POST MANGALURU - 575 005 13. SRIMATI USHA AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPEARATIVE SOCIETY LIMITED R/O: MARNAMIKATTA MANGALURU - 575 001 14. SRI. RAJAN KUMAR H.S., AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED R/O: MAROLI, KULSHEKAR POST MANGALURU - 575 005 15. SRI RAVEENDRA T AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPEARATIVE SOCIETY LIMITED R/O: ODIYOOR, MATRAPADY KAROPADY, BANTWAL - 574 243 16. SRI DAYANAND H AGE: MAJOR DIRECTOR, KARAVALI CREDIT CO-OPERATIVE SOCIETY LIMITED, R/O: THALAPADY, PADAVU POST THALAPADY, MANGALURU - 575 023 …RESPONDENTS - 5 - HC-KAR CNR: KAHC010571312026 NC: 2026:KHC:46769 WP No. 25700 of 2026 (BY SMT. SPOORTHI V., HCGP FOR R1 TO R3 SRI. JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR SRI. RAKSHITH KUMAR, ADVOCATE FOR R5 TO R16 SRI. ABHISHEK MARLA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTICE DATED 30-07- 2026 BEARING NO. AR37/RSR/37/2026-27 ISSUED BY RESPONDENT NO.2 (AUTHORISED OFFICER) CONVENING THE BOARD MEETING SCHEDULED FOR 18-08-2026 AT 4-00 P.M. TO CONSIDER THE NO-CONFIDENCE MOTION AGAINST THE PETITIONERS VIDE ANNEXURE - D. 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 Petitioner No.1 is the President and petitioner No.2 is the Vice-President of respondent No.4 - Society. 2. A no-confidence motion was moved against them by certain members of the Board of the said society. - 6 - HC-KAR CNR: KAHC010571312026 NC: 2026:KHC:46769 WP No. 25700 of 2026 The no-confidence meeting has been conducted on 18.08.2026. The result is kept in abeyance due to the interim orders of this Court. 3. It is the case of the petitioners that no-confidence motion moved against them is in violation of Rule 14-AKK of the Karnataka Co-operative Societies Rules, 1960, because the notice of no-confidence motion was not enclosed with the proposal by which the no- confidence motion was moved against the petitioners. Though several grounds are urged in the petition, the only ground taken by the petitioners at the time of argument is that the proposal of no-confidence was not enclosed along with the notice of no-confidence motion issued to the members. 4. The learned counsel appearing for the contesting respondents denied the same. 5. However, it is submitted that, even otherwise, merely because the proposal of no-confidence was not - 7 - HC-KAR CNR: KAHC010571312026 NC: 2026:KHC:46769 WP No. 25700 of 2026 given to the members concerned along with the notice of the no-confidence motion, it does not become fatal to the no-confidence motion and reliance is placed upon the judgment of the Division Bench of this Court in the case of Smt.Laxmavva vs. The State of Karnataka, Represented by its Secretary and Others reported in (ILR 2007 KAR 1028), wherein, at paragraph No.10, it is held as under: "10. On perusal of the records, especially the written notice, we find that there is substantial compliance of Rule 3(1) of the Rules. In such case, mere attracting the copy of the proposed motion would be duplicity of the work and that by itself cannot be a ground to set at not the democratic exercise of the members in functioning of these local Governments. When the notice of the majority members makes it clear their intention, mere non-enclosing the proposal would be only an irregularity and in our view does not cause any prejudice to the other side." 6. For the aforementioned reasons, I do not see any reason to interfere with the no-confidence motion - 8 - HC-KAR CNR: KAHC010571312026 NC: 2026:KHC:46769 WP No. 25700 of 2026 initiated against the petitioners. Hence, the Writ Petition is hereby dismissed. 7. The respondents are liberty to have the result of the no-confidence motion announced and further action to be initiated. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 21