- 1 - HC-KAR NC: 2026:KHC:2879 WP No. 7290 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 7290 OF 2025 (CS-RES) BETWEEN: SRI KAIVALYAPATHI S/O NANJAPPA AGED ABOUT 76 YEARS PRESIDENT OF KARNAKUPE MILK PRODUCTION CO-OPERATIVE SOCIETY LTD., KARNAKUPPE HEBBUR HOBLI TQ AND DIST TUMAKURU 572101 NOT CLAIMING SENIOR CITIZEN BENEFIT …PETITIONER (BY SRI. CHANDRASHEKAR P PATIL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO OPERATION MS BUILDING DR B R AMBEDKAR VEEDHI BENGALURU 560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES TUMKURU SUB DIVISION DIST: TUMKURU 572101 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2879 WP No. 7290 of 2025 3. KARNAKUPPE MILK PRODUCTION CO OPERATIVE SOCIETY LTD KARNAKUPPE, HEBBUR HOBLI TQ AND DIST: TUMAKURU 572101 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER REGISTERED UNDER THE KARNATAKA CO- OPERATIVE SOCIETIES ACT. 4. R M PRASANNA S/O MAHADEVAIAH AGED MAJOR SECRETARY CHIEF EXECUTIVE OFFICER KARNATAKA MILK PRODUCTION CO-OPERATIVE SOCIETY LTD KARNAKUPPE HEBBUR HOBLI TQ AND DIST. TUMAKURU 572101 …RESPONDENTS (BY SRI. YOGESH D NAIK., AGA FOR R1 & R2 SRI. H.C. SHIVARAMU, ADVOCATE FOR R4 V/O DATED 03.04.2025 SERVICE IN R/O R3 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CHANGED ORDER BEARING NO. SA.NI.32/CCC/CR- 36/2024-25 DTD. 20.02.2025 PASSED BY THE R-2 PRODUCED AS ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ****** - 3 - HC-KAR NC: 2026:KHC:2879 WP No. 7290 of 2025 CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petition challenging the order dated 20.02.2025 passed by respondent No.2 vide Annexure-A. 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. On 17.03.2022, the petitioner was elected as a President of respondent No.3-Society. The petitioner has been discharging his duties honestly and efficiently. Respodnent No.4 neglected the interest of the Society and concentrated on his personal development on the funds of the Society, without caring the President and other Directors, which has resulted in passing an order of suspension dated 26.10.2022. Respondent No.4 raised a dispute before respondent No.2 and obtained an interim order of stay on 04.11.2022, which was later vacated by order dated 09.11.2022. This Court, in WP No.22806/2022, stayed the order dated 09.11.2022 and later, allowed the writ petition - 4 - HC-KAR NC: 2026:KHC:2879 WP No. 7290 of 2025 vide order dated 09.02.2023. Meanwhile, respondent No.2 had made an arrangement as per the order dated 12.04.2023 authorising the President and CEO to operate the bank accounts of respondent No.3 jointly. In the meanwhile, respondent No.2 secured a report under Section 65 of the Karnataka Co-operative Societies Act, 1959 (‘Act’ for short) and based on the said report, issued a show-cause notice to the petitioner. The petitioner submitted a reply to the show- cause notice. Respondent No.2, being dissatisfied with the reply, initiated suo motu proceedings under Section 69 of the Act against the President, Directors, CEO (respondent No.4) and others, and issued a notice dated 05.02.2025 to the petitioner fixing the date of appearance on 18.02.2025. On 18.02.2025, the petitioner appeared through his Advocate and sought time to file objections, and the matter was adjourned. Respondent No.4 malafidely filed an application on 20.02.2025 for the change of order suggesting to authorize himself and one Sri. Sathyanarayana Co-operative Society’s Inspector, Tumkur Taluk, to operate bank accounts of respondent No.3 jointly. Respondent No.2, without - 5 - HC-KAR NC: 2026:KHC:2879 WP No. 7290 of 2025 issuing any notice, without hearing the petitioner and without ascertaining as to whether respondent No.4 is involved in Section 69 enquiry proceedings, has passed the impugned order authorising respondent No.4 and Sri. Sathyanarayana Co-operative Society’s Inspector, Tumkur Taluk, to operate bank accounts of respondent No.3 jointly. The petitioner, aggrieved by the impugned order, filed this writ petition. 3. Heard the arguments of learned counsel for the petitioner, learned AGA for respondent Nos.1 and 2, and learned counsel for respondent No.4. 4. Learned counsel for the petitioner submits that, on 18.02.2025, respondent No.4 has not filed any application before respondent No.2. Respondent No.2 simply adjourned the matter on 18.02.2025 to 11.03.2025. He submits that, as on 18.02.2025, no such application was filed before respondent No.2, and respondent No.2 has passed the impugned order behind the back of the petitioner, and further, no opportunity was given to the petitioner to file his - 6 - HC-KAR NC: 2026:KHC:2879 WP No. 7290 of 2025 objections to the application. Hence, on these grounds, he prays to allow the writ petition and quash the impugned order passed by respondent No.2. 5. Per contra, learned counsel for respondent No.4 supported the impugned order. He submits that, respondent No.4 has filed an application on 20.02.2025 and on the same day, an order was passed. Hence, the impugned order passed by respondent No.2 is just and proper, and do not call for any interference. Hence, on these grounds, he prays to dismiss the writ petition. 6. Per contra, learned AGA has produced the original records. He supported the impugned order and accordingly, prays to dismiss the writ petition. 7. Perused the records and considered the submissions of learned counsel for the parties. 8. It is an undisputed fact that, the respondents initiated suo motu enquiry under Section 69 of the Act and the matter was listed on 18.02.2025 and the petitioner appeared before respondent No.2 on 18.02.2025. - 7 - HC-KAR NC: 2026:KHC:2879 WP No. 7290 of 2025 Respondent No.4 filed an application before respondent No.2 suggesting to give authorisation to operate bank account of respondent No.3 jointly with one other. 9. From the perusal of the order sheet, it discloses that, respondent No.4 has not filed any application on 18.02.2025, however, respondent No.2 has passed the impunged order on 20.02.2025 without there being an application from respondent No.4. From the perusal of original records, it clearly discloses that, respondent No.4, colluding with respondent No.2, got passed the impugned order vide Annexure-A, and further, no opportunity was provided to the petitioner to file objections to the application filed by respondent No.4. As the impugned order is passed behind the back of the petitioner, the same is liable to be set aside. 10. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed; - 8 - HC-KAR NC: 2026:KHC:2879 WP No. 7290 of 2025 ii. The impugned order dated 20.02.2025 passed by respondent No.2 vide Annexure-A is hereby quashed; iii. The Registrar of Co-operative Societies, Tumkur is directed to assign this case to some other Assistant Registrar of Co-operative Societies; iv. The Assistant Registrar of Co-operative Societies is directed to give opportunity to the petitioner to file objections to the application filed by respondent No.4, and thereafter, pass an appropriate order in accordance with law; v. Learned counsel for respondent No.4 undertakes that, respondent No.4 will not sign any papers of respondent No.3-Society. The undertaking is placed on record; vi. Pending IA(s), if any, shall stand disposed of accordingly. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 45