- 1 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 543 OF 2026 (CS-RES) BETWEEN: 1. SRI V RAMA MURTHY SON OF B VENKATA REDDY AGED ABOUT 63 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) 2. SMT RADHAMMA DAUGHTER OF YARAPPA AGED ABOUT 56 YEARS 3. SRI BALANJANEYA P T SON OF THIMMASHETTY AGED ABOUT 46 YEARS 4. RUKENDRA GR SON OF RAMANNA G AGED ABOUT 47 YEARS 5. SHIVANNA TM SON OF MUNISHAMAPPA AGED ABOUT 60 YEARS (SENIOR CITIZEN BENEFIT NOT CLAIMED) 6. SRI CHANDRAPPA SON OF MUNIVENKATAPPA AGED ABOUT 52 YEARS 7. SRI RAVI L SON OF DODDA LAKSHAMANA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 AGED ABOUT 52 YEARS (ALL THE PETITIONERS NO 1 TO 7 ARE THE RESIDENT OF THIMMA SANDRA VILLAGE WARD NO 31, CHINTAMANI CHIKKABALLAPUR 56 125 …PETITIONERS (BY SRI. KEERTHI KRISHNA REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION, MS BUILDING, DR BR AMBEDKAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS PRINCIPLE SECRETARY. 2. DEPARTMENT OF CO-OPERATION KARNATAKA GOVERNMENT SECRETARIAT M S BUILDING REP BY UNDER-SECRETARY-3 3. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES DISTRICT ELECTION OFFICER CHIKKABALAPURA CHIKKABALAPURA - 563128. 4. RETURNING OFFICER APPOINTED FOR THIMMASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY CHINTAMANI TALUK, CHIKKABALAPURA DISTRICT -563128 - 3 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 5. THE CHIKKABALLAPUR MILK PRODUCERS CO-OPERATIVE SOCIETIES LIMITED CHIKKABALLAPUR CHIKKABALLAPUR DISTRICT -563 128 REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT – 1959 REP. BY CHIEF EXECUTIVE OFFICER 6. THIMMASANDRA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED CHINTAMANI TALUK, CHIKKABALAPURA DISTRICT -563128 REGISTERED UNDER CO-OPERATIVE SOCIETIES ACT – 1959 REP. BY ITS CHIEF EXECUTIVE OFFICER 7. SRI RAMAKRISHNA REDDY AGED MAJOR RESIDING AT THIMMASANDRA VILLAGE, WARD NO 31, CHINTAMANI TALUK, CHIKKABALAPURA DISTRICT -563125 8. SRI DEVARAJA AGED ABOUT 56 YEARS SON OF POOJAPPA RESIDING AT THIMMASANDRA VILLAGE, WARD NO 31, CHINTAMANI TALUK, CHIKKABALAPURA DISTRICT -563125 …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1 TO R4 SRI. H.V. PRAVEEN GOWDA, ADVOCATE FOR R7 & R8) 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 AND QUASH THE ORDER DATED 21.02.2024 BEARING NO CO 212 CNS 2024 (E) PASSED BY THE RESPONDENT NO 2 NOMINATING THE RESPONDENT NO 7 AT ANNEXURE A AS A GOVERNMENT - 4 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 NOMINEE TO THE BOARD OF MANAGEMENT OF RESPONDENT NO 5 SOCIETY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER 1. The petitioners have filed this writ petition seeking following reliefs : a. Issue a writ in the nature of certiorari and quash the order dated 21.02.2024 bearing No.CO.212.CNS.2024 (E) passed by respondent No.2 nominating respondent No.7 at Annexure “A” as a Government nominee to the Board of Management of respondent No.5 Society and etc. b. Issue a writ in the nature of certiorari and to quash the proceedings held on 22.11.2025, at Annexure-E, in relation to the resolution selecting the respondent No.8 to represent respondent No.6 before respondent No.5 and consequently quash the nil letter dated at Annexure-F issued by respondent No.6 authorizing the - 5 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 respondent No.8 to represent respondent No.6.” 2. Brief facts leading rise to the filing of this writ petition are as follows: 3. When the election to the Board of Management of respondent No.6 fell due in 2024, respondent No.3 appointed respondent No.4 as the Returning Officer for conducting the said elections for a term of five years. All 13 candidates, including the petitioners herein, were unanimously returned unopposed, as there being no contest for any of the posts. Upon such declaration of results, the newly elected Board became entitled to assume charge, in accordance with law. 4. Despite all 13 seats having duly filled and no vacancy was existing in the Board of Management, respondent No.2 had wrongly proceeded and nominated respondent No.7 to the Board of - 6 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 Management by quoting the provisions under Section 28A(4B)(1) of the Karnataka Co-operative Societies Act, 1959 (for short, ‘the Act’) even though there was no vacancy. 5. It is contended that no nomination can be made in excess of statutory ceiling or in a manner that disturbs the composition already validly constituted through election in accordance with the Bye-laws. Respondent No.2 has no authority in law to nominate respondent No.7, as, such a nomination would necessarily exceed the statutory ceiling prescribed for a Society, whose area of operation extends to the whole of Taluk. 6. On 11.11.2025, respondent No.5 issued a Circular that the elections to respondent No.5 Union would be conducted on 01.02.2026 and in view of the elections to be conducted, has ordered respondent No.6 Society to conduct the general meeting and to send a - 7 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 delegate or representative along with the documents. Pursuant to the Circular dated 11.11.2025, a meeting was held by the Society on 22.11.2025 for the purpose of selecting a delegate/representative. From the proceedings of the said meeting, it is noted that seven votes, including the vote of respondent No.7, were cast in favour of Devaraja son of Poojappa. It is further noted that name of Ravi L., petitioner No.7 herein, was also proposed. However, the proceedings record that the decision to delegate Devaraja was unanimous, without assigning any reasons. The petitioners' objections were also not reflected in the proceedings. 7. Hence, the petitioners have filed this writ petition being aggrieved by the order dated 21.02.2024 passed by respondent No.2, whereby respondent No.7 was nominated as a Government nominee to the Board of Management of respondent No.6 Society Limited despite the said notification being in - 8 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 excess of the number of members prescribed under Section 28A(2) of the Act. 8. Heard the arguments of the learned counsel for the petitioners and the learned High Court Government Pleader for respondent Nos.1 to 4. 9. Learned counsel for the petitioners submits that the nomination of respondent No.7 by respondent No.2 is in clear violation of Section 28A(2) of the Act, which prescribes the maximum permissible number of members for the Board of Management of respondent No.6 Society. He submits that in an identical matter wherein the Government nominated a member in violation of Section 28A of the Act, the Co-ordinate Bench of this court was pleased to quash the order of nomination by the State Government. He submits that the impugned order vide Annexure “A” constitutes excess of authority and it is an arbitrary exercise of power resulting in unlawful - 9 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 expansion of the Board beyond its lawful strength and disturbing the composition duly prescribed under the law. Hence, on these grounds, he prays to allow the writ petition. 10. Per contra, learned High Court Government Pleader supported the impugned order and contended that respondent No.2 has been rightly nominated respondent No.7 as nominee. Hence, on these grounds, prays to dismiss the writ petition. 11. Perused the records and considered the submissions of the learned counsel for the parties. 12. It is submitted that in terms of the Bye-laws, the total number of Directors is 13. The limit under Section 28A of the Act cannot be exceeded and when no provisions are made for the appointment of a Government nominee, the question of considering the appointment of a Government nominee in contravention of limit of 13 Directors, as - 10 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 contemplated under Section 28A of the 1959 Act, does not arise. 13. The issue involved in the instant case is squarely covered by the order passed by the Co-ordinate Bench of this Court in the case of K.Nagesh v. The State of Karnataka and others, in W.P. No.3668 of 2024 disposed of on 18.03.2024. 14. In the light of the particular facts of this case and noticing that the elections were already held for 13 posts and all 13 posts have been filled up, the question of making nomination by the Government does not arise. 15. Accordingly, I proceed to pass the following order: ORDER (i) The writ petition is allowed; (ii) The impugned order dated 21.02.2024 vide Annexure ‘A’ is hereby quashed. - 11 - HC-KAR NC: 2026:KHC:5073 WP No. 543 of 2026 (iii) In view of the disposal of the writ petition, pending interlocutory applications, if any, stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE RK CT:KHV List No.: 1 Sl No.: 6