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2026 DAILYLAW 38809 (KAR)

SRI GOVINDEGOWDA v. THE STATE OF KARNATAKA

WP/20041/2026 · 2026-09-02

M I Arun

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20785 OF 2026 (CS-RES) C/W WRIT PETITION NO. 20041 OF 2026 (CS-RES) IN WP No. 20785/2026 BETWEEN: 1. SRI. GOVINDEGOWDA S/O. DODDAGIRIGOWDA AGED ABOUT 56 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 2. SRI. EESHWARA S/O. CHIKKANNEGOWDA AGED ABOUT 46 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 3. SRI. BHAIREGOWDA S/O. NINGEGOWDA AGED ABOUT 52 YEARS NO.24, JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 Digitally signed by K M SOMASHEKAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 4. SRI. MADEGOWDA S/O. LATE KALEGOWDA AGED ABOUT 63 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 5. SRI. RAVIRAJU S/O. SIDDEGOWDA AGED ABOUT 40 YEARS NO.425, JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 6. SRI. VISHWANATHA G M S/O. CHIKKANNEGOWDA AGED ABOUT 48 YEARS NO. 432, JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 7. SMT. CHANDRAMMA W/O. SHIVANNAGOWDA AGED ABOUT 49 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 8. SMT. SUMATHI W/O. SWAMIGOWDA, AGED ABOUT 46 YEARS NO.581, JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008. - 3 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 9. SRI. SANNASWAMY S/O. BORAIAH AGED ABOUT 39 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 …PETITIONERS (BY SRI. JAYKUMAR S.PATIL.,SENIOR ADVOCATE FOR SRI.SUMANTH KUMAR.S.PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPLE SECRETORY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION MYSURU DISTRICT-570001 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION, MYSURU DISTRICT - 570001 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT-570001 5. GOPALPURA MILK PRODUCERS, CO-OPERATIVE SOCIETIES LTD, GOPALPURA VILLAGE JAYAPURA HOBLI MYSURU TALUK, - 4 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 MYSURU-570001 REPRESENTED BY ITS CEO (REG UNDER SOCIETIES REGISTRATION ACT 1960) 6. RAJU. B, SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU DISTRICT AND ADMINISTRATOR OF GOPALPURA MILK PRODUCERS, CO-OPERATIVE SOCIETIES LTD, GOPALPURA VILLAGE JAYAPURA HOBLI, MYSURU TALUK-570001 7. RAGHU K.C, THE RETURNING OFFICER, GOPALPURA MILK PRODUCERS, CO-OPERATIVE SOCIETIES LTD, GOPALPURA VILLAGE, JAYAPURA HOBLI MYSURU TALUK, MYSURU-570001 …RESPONDENTS (BY SMT.PRATHIMA HONNAPURA., AAG A/W SMT.SPOORTHI.V., HCGP FOR R1 TO R4, R6, R7; R5-SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 4/5/2026, BEARING NO DRM/C- 5/SECTION30/CR- /2026-27, PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE Q AND ETC., - 5 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 IN WP NO. 20041/2026 BETWEEN: 1. SRI GOVINDEGOWDA S/O. DODDAGIRIGOWDA AGED ABOUT 56 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 2. SRI. EESHWARA S/O. CHIKKANNEGOWDA AGED ABOUT 46 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 3. SRI. BHAIREGOWDA S/O. NINGEGOWDA AGED ABOUT 52 YEARS NO.24, JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 4. SRI. MADEGOWDA S/O. LATE KALEGOWDA AGED ABOUT 63 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 5. SRI. RAVIRAJU S/O. SIDDEGOWDA AGED ABOUT 40 YEARS NO.425, JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 - 6 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 6. SRI. VISHWANATHA G M S/O. CHIKKANNEGOWDA AGED ABOUT 48 YEARS NO. 432, JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 7. SMT. CHANDRAMMA W/O. SHIVANNAGOWDA AGED ABOUT 49 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 8. SMT. SUMATHI W/O. SWAMIGOWDA, AGED ABOUT 46 YEARS NO. 581, JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 9. SRI. SANNASWAMY S/O. BORAIAH AGED ABOUT 39 YEARS JAYAPURA HOBLI GOPALPURA POST MYSURU TALUK MYSURU-570008 ...PETITIONERS (BY SRI. JAYKUMAR S.PATIL.,SENIOR ADVOCATE FOR SRI.SUMANTH KUMAR.S.PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPLE SECRETORY. - 7 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION MYSURU DISTRICT-570001 3. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, MYSURU SUB-DIVISION, MYSURU DISTRICT-570001 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSURU SUB-DIVISION MYSURU TALUK, MYSURU DISTRICT-570001 5. GOPALPURA MILK PRODUCERS, CO-OPERATIVE SOCIETIES LTD, GOPALPURA VILLAGE JAYAPURA HOBLI MYSURU TALUK, MYSURU-570001 REPRESENTED BY ITS CEO (REG UNDER SOCIETIES REGISTRATION ACT 1960) 6. RAJU. B SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES, MYSURU DISTRICT AND ADMINISTRATOR OF GOPALPURA MILK PRODUCERS, CO-OPERATIVE SOCIETIES LTD, GOPALPURA VILLAGE JAYAPURA HOBLI, MYSURU TALUK-570001 7. RAGHU K.C, - 8 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 THE RETURNING OFFICER, GOPALPURA MILK PRODUCERS, CO-OPERATIVE SOCIETIES LTD, MYSURU TALUK GOPALPURA VILLAGE, JAYAPURA HOBLI MYSURU-570001 8. SRI.SHANKAREGOWDA S/O NINGEGOWDA AGED ABOUT 48 YEARS GOPALPURA VILLAGE JAYAPURA HOBLI MYSURU TALUK, MYSURU-570001 9. SRI.MAHESH G.C S/O CHIKKANNEGOWDA AGED ABOUT 47 YEARS GOPALPURA VILLAGE JAYAPURA HOBLI MYSURU TALUK, MYSURU-570001 ...RESPONDENTS (BY SMT.PRATHIMA HONNAPURA., AAG A/W SMT.SPOORTHI.V., HCGP FOR R1 TO R4, R6, R7; SRI.K.ANANDA., ADVOCATE FOR R8 AND R9 R5 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO(A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 4/5/2026, BEARING NO.DRM/C- 5/SECTION30/CR-/2026-27, PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-Q, AND ALL FURTHER PROCEEDINGS THEREOF AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / - 9 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Certain actions were sought to be initiated against one M/s.Gopalpura Milk Producers Co-operative Societies Ltd., and its Directors. Aggrieved by the same, both the aforementioned writ petitions are came to be filed. In W.P.No.20041/2026, the following reliefs are prayed: "(a) Issue a writ in the nature of certiorari quashing the impugned order dtd:4/5/2026, bearing no:DRM/C-5/SECTION30/CR-/2026-27, passed by the respondent no.3 vide Annexure-Q, and all further proceedings thereof (b) Issue a writ in the nature of certiorari quashing the Calendar of Events dtd:24/6/2026, issued by the respondent No.7 vide Annexure-W, and all further proceedings in pursuant thereof. (c) Issue a writ in the nature of Mandamus directing the respondent no.6 and 7 to take action in accordance with law, only after disposal of the Appeal No.JRM/DAP/03/2026-27. Vide Annexure-R. - 10 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 (d) Such other direction or order or writ as may deem fit to this Hon'ble Court may kindly be issued, in the interest of justice and equity. INTERIM PRAYER Pending disposal of the above petition the Petitioners prays that, this Hon'ble Court be pleased to grant an interim order of stay, staying the impugned order dtd:4/5/2026, bearing no:DRM/С-5/SECTION30/CR- /2026-27, passed by the respondent no.3 vide Annexure Q, and all further proceedings thereof OR Pending disposal of the above petition the Petitioners prays that, this Hon'ble Court be pleased to grant an interim order of stay, staying the impugned Calendar of Events dtd:24/06/2026, issued by the respondent No.7 vide Annexure-W,, and all further proceedings in pursuant thereof, in the interest of justice and equity." 2. This Court, on 02.07.2026 has passed the following interim orders. The same reads as under: "Learned AGA accepts notice for respondent Nos.1 to 4, 6 and 7. Issue emergent notice to respondent No.5. - 11 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 Petitioners are directed to implead the Caveators as respondent nos.8 and 9. Petitioners' counsel is directed to amend the cause title and to file amended cause title by next date of hearing. Sri K.Ananda, learned counsel undertakes to appear for respondent Nos.8 and 9. In the light of the same, office objections are kept open. The case of the petitioners is that they are Directors of respondent No.5-Society and that they chose to appoint one Basavaraju, an existing employee as milk tester of the Society. On the ground that the same was in violation of law, a notice under Section 29C of the Karnataka Co- operative Societies Act, 1959 ('the Act' for short) was issued to the petitioners. They immediately took steps to have the appointment of the said Basavaraju cancelled, he has challenged the same by way of W.P.No.27774/2025. He has obtained an interim order from this Court. Thereafter, again the proceedings under Section 29C of the Act was initiated against the petitioners, which was challenged by way of a writ petition. The same has been allowed by this Court and the proceedings has - 12 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 been quashed. Subsequently, the proceedings under Section 30 of the Act has been initiated against the petitioners and they have preferred an appeal against the same before respondent No.2, which is pending. They had made an application for grant of an interim order, which was not considered by respondent No.2. Hence, they have preferred W.P.No.16843/2026 wherein the following order was passed: "(i) Respondent no.2 is directed to dispose of the interlocutory application filed by the petitioners in appeal No.JRM/DAP/3/2026-27 within a period of 15 days from the date of receipt of certified copy of this order; (ii) Further, respondent no.2 is also directed to dispose of the main appeal as expeditiously as possible; (iii) It is hereby made clear that no opinion is expressed on the merits of the case and respondent no.2 shall decide the issue based upon the pleadings and evidence let in before it; (iv) The writ petition stands disposed of accordingly." - 13 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 In spite of the said order, respondent No.2 has failed to consider the application filed by the petitioners for grant of an interim order. The term of the petitioners as Directors of respondent No.5- Society will come to an end in the year 2029. However, on the pretext of the order passed under Section 30 of the Act, fresh calendar of events has been issued by respondent No.7 to conduct the elections. Aggrieved by the same, the present writ petition is filed. In the light of the fact that respondent No.2 has not passed any order on the interim relief sought by the petitioners in the appeal filed by them and in view of the petitioners having rectified their mistake, there shall be stay of further proceedings pursuant to the calendar of events issued by respondent No.7 pertaining to the election (Annexure-W to the writ petition) till the next date of hearing. It is hereby clarified that this order will not come in the way of respondent No.2 in disposing of the appeal pending before him. He shall dispose of the same without being influenced by any of the observations made herein above. List on 21.07.2026." - 14 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 3. In W.P.No.20785/2026, the following reliefs are prayed: " (a) Issue a writ in the nature of certiorari quashing the impugned order dtd:4/5/2026, bearing no:DRM/C-5/SECTION30/CR-/2026-27, passed by the respondent no.3 vide Annexure Q, and all further proceedings thereof (b) Issue a writ in the nature of certiorari quashing the impugned Order dtd: 4/7/2026, passed by the respondent no.2 in I.A.No.1 and I.A.No.2 in Appeal No.JRM/DAP/02/2026-27, vide Annexure-AA, and all further proceedings in pursuant thereof. (c) Such other direction or order or writ as may deem fit to this Hon'ble Court may kindly be issued, in the interest of justice and equity. INTERIM PRAYER Pending disposal of the above petition the Petitioners prays that, this Hon'ble Court be pleased to grant an interim order of stay, staying the impugned order dtd:4/5/2026, bearing no:DRM/C-5/SECTION30/CR- /2026-27, passed by the respondent no.3 vide Annexure Q, and all further proceedings in pursuant thereof, and the Order dtd: 4/7/2026, passed by the respondent no.2 in I.A.No.1 and I.A.No.2 in Appeal - 15 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 No.JRM/DAP/2/2026-27, vide Annexure AA, in the interest of justice and equity." 4. This Court, on 09.07.2026 has passed the following interim order. The same reads as under: "Learned AGA accepts notice for respondent Nos.1 to 4. Issue emergent notice to respondent nos. 5 to 7. The case of the petitioners is that upon receipt of the letter from respondent no.4 stating that the Society had committed certain mistakes, action was taken to rectify the same forthwith. Inspite of which, proceedings were initiated against the Society under Section 30 of the Karnataka Co-operative Societies Act, 1959 and ignoring the same, respondent no.3 has passed the impugned order (vide Annexure-'Q' to the writ petition) and respondent No.2 has also failed to consider the case of the petitioners for grant of interim prayer in the appeal filed by them. For the aforementioned reasons, there shall be stay of further proceedings pursuant to the impugned order dated 04.05.2026 passed by respondent No.3 vide Annexure-'Q' to the writ petition, till the next date of hearing. - 16 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 Call on 13.08.2026." 5. Both the learned counsel appearing for the petitioners and the learned Additional Advocate General appearing for respondent Nos.1 to 4, 6 and 7, upon instructions, together submit that the issue pertaining to the supersession of the Board of Directors of the Society of M/s.Gopalpura Milk Producers Co-operative Societies Ltd., is pending before the jurisdictional Joint Registrar of Co- operative Societies by way of Appeal No.JRM/DAP/02/2026-27 and a suitable direction may be issued to the jurisdictional Joint Register of Co-operative Societies to decide the matter within the period of 60 days from the date of receipt of certified copy of this order. It is also submitted that the interim orders granted by this Court may continue till an appropriate decision is taken by the jurisdictional Joint Registrar of Co-operative Societies. 6. Hence, the following: - 17 - HC-KAR CNR: KAHC010465502026 NC: 2026:KHC:47657 WP No. 20785 of 2026 C/W WP No. 20041 of 2026 ORDER i. The Writ Petitions are hereby disposed of. ii. Respondent No.2 - the Joint Registrar of Co- operative Societies shall dispose of the said Appeal No.JRM/DAP/02/2026-27, pending on his file within a period of 60 days from the date of receipt of certified copy of this order. iii. The parties are directed to co-operate for quick disposal of the said appeal. iv. The interim orders granted by this Court, as mentioned above, shall continue to operate till an appropriate decision is taken by the jurisdictional Joint Register of Co-operative Societies. Sd/- (M.I.ARUN) JUDGE CH, List No.: 1 Sl No.: 5