- 1 - HC-KAR CNR: KAHC010471472026 NC: 2026:KHC:49494 WP No. 21565 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 21565 OF 2026 (CS-RES) BETWEEN: 1. SANDEEP NAIK, S/O. SHANKAR NAIK, AGED ABOUT 28 YEARS, R/O. SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 2. MUTTHU NAIK, S/O. VASA NAIK, AGED ABOUT 71 YEARS, R/O. CHITTE, ULLUR, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 3. S.MANOJ SHET, S/O. MANJUNATH SHETTY, AGED ABOUT 30 YEARS, R/O. SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 4. VENKATARAMANA SHETTIGARA, S/O. GIRIYANNA, AGED ABOUT 63 YEARS, R/O. TARALI, SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010471472026 NC: 2026:KHC:49494 WP No. 21565 of 2026 5. SALINI U. NAIK, W/O. UDAY NAIK, AGED ABOUT 42 YEARS, R/O. KULANGI, SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 6. K.RAMACHANDRA AITHAL, S/O. KRISHNAMURTHY AITHAL, AGED ABOUT 60 YEARS, R/O. KUPPEBACHCHALU, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 7. LATHA S. DEVADIGA, W/O. SHANTHOSH DEVADIGA, AGED ABOUT 48 YEARS, R/O. SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 8. KUSUMA SHETTY, W/O. SEENAPPA SHETTY, AGED ABOUT 41 YEARS, R/O. SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 9. SUBHIKSHA MADIVALA, W/O. KRISHNA MADIWALA, AGED ABOUT 41 YEARS, R/O. SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 10. SAVITHA, W/O. VASANTH SHETTY, AGED ABOUT 43 YEARS, R/O. KUMBHARAMAKKI, - 3 - HC-KAR CNR: KAHC010471472026 NC: 2026:KHC:49494 WP No. 21565 of 2026 SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 11. T.NARASHIMA BHAT, S/O. THAMANA BHAT, AGED ABOUT 49 YEARS, R/O. TALLUR, SHANKARANARAYANA, KUNDAPUR TALUK, UDUPI DISTRICT-576101. 12. SHEKHAR KULAL, S/O. KRISHNA KULAL, AGED ABOUT 53 YEARS, R/O. KUMBHARAMAK, KULANJE VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT-576101. …PETITIONERS (BY SRI. DEVIPRASAD SHETTY, ADVOCATE) AND: 1. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, RAJATADRI, A BLOCK, 1ST FLOOR, DISTRICT ADMINISTRATIVE OFFICE COMPLEX, MANIPAL, UDUPI-576101. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KUNDAPURA SUB-DIVISION, SANJEEVA PRABHU BUILDING, MASTIKATTE ROAD, KUNDAPURA-576201. 3. SHANKARANARAYANA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., SHANKARANAYANA, - 4 - HC-KAR CNR: KAHC010471472026 NC: 2026:KHC:49494 WP No. 21565 of 2026 KUNDAPUR VILLAGE, UDUPI-576227 REPRESENTED BY IT'S IN CHARGE CHIEF EXECUTIVE OFFICER (REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES) 4. JYOTHI NAIK, W/O. NARASHIMA NAIK, R/O. SHADIGUNDE, KULANJE VILLAGE, UDUPI DISTRICT-576229. …RESPONDENTS (BY SRI. PURNACHANDRA M.PURANIK, ADVOCATE FOR C/R4 AND R3; SRI. YOGESH D.NAIK, ADVOCATE FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri. Deviprasad Shetty, counsel for the petitioners; Sri. Yogesh D. Naik, AGA for respondents 1 and 2; and Sri. Purna Chandra M. Puranik, counsel for respondents 3 and 4, appeared in person. 2. The short facts are these. - 5 - HC-KAR CNR: KAHC010471472026 NC: 2026:KHC:49494 WP No. 21565 of 2026 The petitioners, who are the directors of Respondent No.3 society, faced disqualification based on certain allegations. They challenged this disqualification before the first respondent in Appeal No.02/2025-26 and requested a stay, which was denied. Consequently, they filed W.P.No.18168/2025 in this Court, where the disqualification order was stayed. The appeal was subsequently rejected on 09.06.2026. Now, under these circumstances, the petitioners are before this Court. 3. Counsel for the respective parties urged several contentions. Counsel for the petitioners argued vigorously that, although this Court had previously granted a stay on the disqualification order in an earlier petition, a miscommunication led the petitioners and their counsel to believe that all proceedings were stayed. As a result, they could not participate effectively in the appeal. Their non-participation caused the appeal to be rejected. The counsel requests that the petitioners be given an opportunity to present their case on the merits and asks for the order to be quashed. - 6 - HC-KAR CNR: KAHC010471472026 NC: 2026:KHC:49494 WP No. 21565 of 2026 Counsel for respondents 3 and 4 strongly argued that, despite multiple opportunities, the petitioners failed to appear before the first respondent. Therefore, the first respondent's decision to dismiss the appeal is justified. AGA submits that an appropriate order may be passed. 4. Heard the arguments and perused the papers carefully. 5. The issue is straightforward. It is undisputed that disqualification orders were issued against the petitioners, and they challenged these orders before the first respondent. The main issue is whether the petitioners were able to participate effectively before the first respondent. A stay order was issued in W.P.No.18168/2025, which is attached to the writ petition. A review of this order shows that the court stayed the disqualification orders. However, counsel and the petitioners misunderstood this and believed all proceedings were suspended, preventing their participation in the appeal. As a result, their non-participation has hindered them from contesting the case on its merits. Therefore, this court - 7 - HC-KAR CNR: KAHC010471472026 NC: 2026:KHC:49494 WP No. 21565 of 2026 considers it appropriate to allow the petitioners to present their case on the merits. 6. For the reasons stated above, the order at Annexure-Q is liable to be quashed. 7. The writ of certiorari is issued. The order dated 09.06.2026 by the first respondent, as shown in Annexure-Q, is annulled. The first respondent is directed to restore the appeal to the registry and give the petitioners and respondents 3 and 4 a fair chance to present their arguments on the case's merits. The appeal should then be decided lawfully. Since counsel represents the petitioners and respondents 3 and 4, they are directed/ instructed to appear before the first respondent on 30.09.2026, without awaiting service of notice. All parties are expected to cooperate for a prompt resolution, and the first respondent is urged to dispose of the case as quickly as possible. 8. Resultantly, the writ petition is allowed. - 8 - HC-KAR CNR: KAHC010471472026 NC: 2026:KHC:49494 WP No. 21565 of 2026 Because of disposal of the Writ Petition, pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE MRP List No.: 3 Sl No.: 47