- 1 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 2523 OF 2026 (CS-EL/M) BETWEEN: SRI K B MANJUNATH S/O K. BYATARAPPA, AGED ABOUT 49 YEARS, DELEGATE NO. 0758 R/A IDLUR ROAD, GANDHINAGAR, SHIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT - 562 105. …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, M.S. BUILDING, BANGALORE 560 001. 2. STATE CO-OPERATIVE ELECTION COMMISSION, 3RD FLOOR, TTMC 'A' BLOCK, SHANTHINAGARA, BANGALORE 560 027. REPRESENTED BY ITS SECRETARY. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES ALI ASKAR ROAD, BANGALORE - 560 001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 4. THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES AND DISTRICT ELECTION OFFICER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA DISTRICT 562 101. 5. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKABALLAPURA SUB-DIVISION, CO-OPERATIVE UNION BUILDING, CHIKKABALLAPURA - 562 101. 6. THE RETURNING OFFICER CHIKKABALLAPURA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LTD., CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101. 7. CHIKKABALLAPURA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LTD., CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA - 562 101. REPRESENTED BY ITS MANAGER 8. THE SECRETARY /CHIEF EXECUTIVE OFFICER GANDHINAGARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., GANDHINAGARA, SHIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT - 562 101. …RESPONDENTS (BY SRI. YOGESH D NAIK, AGA FOR R1, R3 TO R6 SRI. DEVARAJA A, ADVOCATE FOR R2 V/O DATED 30.01.2026 NOTICE TO R7 AND R8 IS DEFERRED FOR THE TIME BEING) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A) QUASHING THE LIST OF DISQUALIFIED DELEGATES VIDE ANNEXURE-H ISSUED BY THE 7TH RESPONDENT SOCIETY IN SO - 3 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 FAR AS THE PETITIONER IS CONCERNED, B) DIRECTING THE RESPONDENT AUTHORITIES TO CONDUCT ELECTION TO THE 7TH RESPONDENT SOCIETY BY TREATING THE PETITIONER HEREIN AS QUALIFIED AND BY PERMITTING HIM TO VOTE AS A DELEGATE IN THE ELECTION TO BE HELD ON 01.02.2026. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition seeking the following reliefs: a) Issue Writ in the nature of Certiorari or any other Writ or Order or Direction in the similar nature quashing the List of Disqualified Delegates vide Annexure-H issued by the 7th respondent society in so far as the petitioner is concerned; b) ISSUE Writ in the nature of Mandamus or any other Writ or Order or Direction in the similar nature directing the respondent authorities to conduct election to the 7th respondent society by treating the petitioner herein as qualified and by permitting him to vote as a Delegate in the election to be held on 01.02.2026; c) Grant such other relief or relief's as this Hon'ble Court may deems fit to grant in the facts and - 4 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 circumstances of the case in the interest of justice and equity. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The Board of Directors of respondent No.8- Society was constituted by way of election for a period of 5 years on 11.02.2024. The Committee of Management consists of 13 Directors including one member/Director nominated by respondent No.1-Government. The nomination of one member was made by respondent No.1- Government on 19.11.2025. The petitioner is a member of respondent No.8-Society and has been elected as a Director in the election held on 11.02.2024. Respondent No.7-Union is conducting elections amongst its members. The notified Milk Producers’ Society in Chikkaballapura District are also representative members/delegates to franchise their votes in the election to the Committee of Management of respondent No.7-Union. Respondent No.7-Union has issued a list of eligible candidates for the - 5 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 purpose of election to the Board of Directors of respondent No.7-Union. The petitioner, who is the member of respondent No.8-Society is said to be disqualified without there being any reason whatsoever. The action of respondent No.7 in disqualifying the petitioner without assigning any reasons is contrary to the provisions of Rule 13-D (2-A) of the Karnataka Co-operative Societies Rules, 1960 (‘Rules of 1960’ for short), since no individual notice was issued to the petitioner calling for his explanation. The list of disqualified members has been issued, whereby the petitioner has been barred from voting in the upcoming election. Respondent No.6 issued a notification dated 14.01.2026 prescribing the calendar of events for election to the Board of Directors of respondent No.7- Union. It is contended that, the petitioner has sought permission to franchise his vote. Hence, this petition. 3. Heard the arguments of learned counsel for the petitioner, learned AGA for respondent Nos.1 and 3 to 6, and learned counsel for respondent No.2. - 6 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 4. Learned counsel for the petitioner submits that, the order of disqualification of the petitioner as a delegate is without any reasons whatsoever and it is opposed to the provisions of the Karnataka Co-operative Societies Act, 1959 (‘Act of 1959’ for short) and Rules of 1960. He submits that, no individual notice was issued to the petitioner calling for his explanation. The order of disqualification is passed behind the back of the petitioner. Hence, on these grounds, he prays to allow the petition. 5. Per contra, learned AGA submits that, the writ petition filed by the petitioner is not maintainable. Once the petitioner becomes a member of the society, he loses his individuality qua the society and he has no independent rights except those given to him by the statute and the bye-laws. To buttress his argument, he has placed reliance upon the judgment of the Hon’ble Apex Court in the case of Daman Singh and Others Vs. State - 7 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 of Punjab and Others1. Hence, on these grounds, he prays to dismiss the writ petition. 6. Perused the records and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that, the petitioner was elected as a Director of respondent No.8-Society. Respondent No.6-Returning Officer issued a calendar of events for election of Board of Directors of respondent No.7-Union. Respondent No.8 passed a resolution authorising a delegate/petitioner to exercise his vote in the election of respondent No.7-Union. Respondent No.7 issued an official list of eligible and ineligible candidates to contest and vote for the election of Committee of Management of respondent No.7-Union. As per the said list, the petitioner is held to be ineligible to contest and vote for the upcoming election to the Committee of Management of respondent No.7-Union. 1 (1985) 2 SCC 670 - 8 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 8. The petitioner, instead of challenging the disqualification list before the appropriate forum, has filed this writ petition. The Hon’ble Apex Court, in the case of Daman Singh (supra), held in paragraph No.11 as follows: “11. The next submission of the learned Counsel was that Section 13(8), (9) and (10) did not make express provision for the issue of notice to the members of the concerned cooperative societies and were, therefore, violative of the principles of natural justice. He argued that in the absence of any provision, the rules of natural justice may be read into the provisions and notice to the members of the affected societies was imperative. Otherwise, he argued, members of one society would be formed against their will and without being heard to associate themselves with members of another society. We have no hesitation in rejecting this submission also. Once a person becomes a member of a cooperative society, he loses his individuality qua the society and he has no independent rights except those given to him by the statute and the bye-laws. He must act and speak through the society or rather, the society alone can act and speak for him qua rights or duties of the society as a body. So if the statute which authorises compulsory amalgamation of cooperative societies provides for notice - 9 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 to the societies concerned, the requirement of natural justice is fully satisfied. The notice to the society will be deemed as notice to all its members. That is why Section 13(9)(a) provides for the issue of notice to the societies and not to individual members. Section 13(9)(b), however, provides the members also with an opportunity to be heard if they desire to be heard. Notice to individual members of a cooperative society, in our opinion, is opposed to the very status of a cooperative society as a body corporate and is, therefore, unnecessary. We do not consider it necessary to further elaborate the matter except to point out that a member who objects to the proposed amalgamation within the prescribed time is given, by Section 31(11), the option to walk out, as it were, by withdrawing his share, deposits or loans as the case may be.” From the perusal of paragraph No.11, it is clear that, once a person becomes a member of a cooperative society, he loses his individuality qua the society and he has no independent rights except those given to him by the statute and the bye-laws. He must act and speak through the society or rather, the society alone can act and speak for him qua rights or duties of the society as a body. - 10 - HC-KAR NC: 2026:KHC:6028 WP No. 2523 of 2026 9. Admittedly, respondent No.8-Society has not challenged the action of respondent No.7. The petitioner, in his individual capacity as a Director of respondent No.8, has filed this petition, though he has no independent right. Considering the proposition of law laid down by the Hon’ble Apex Court in the case of Daman Singh (supra), I do not find any grounds to entertain this writ petition. 10. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is dismissed; ii. Pending application(s), if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 31