Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.20351 OF 2022 (CS-RES) C/W WRIT PETITION NO.20352 OF 2022 (CS-RES)
IN WP No. 20351/2022 BETWEEN:
1. SRI. SURESHA S/O LATE K S ANNEGOWDA AGED ABOUT 55 YEARS DIRECTOR OF PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD. KIKKERI, KIKKERI VILLAGE AND HOBLI K R PET TALUK MANDYA DISTRICT-571 423. &PETITIONER (BY SMT. AMBIKA M., ADVOCATE) AND:
1. THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES SUBHASH NAGAR 1ST CROSS MANDYA-573201. 2. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022
PANDAVAPURA SUB DIVISION, PANDAVAPURA TOWN AND TALUK MANDYA DISTRICT-571434. 3. THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD KIKKERI, KIKKERI VILLAGE AND HOBLI K.R. PET TALUK MANDYA DISTRICT-571423. &RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 & R2;
R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE RESPONDENT NO.1 PASSED IN APPEAL NO.DRY/DAP/01/2022-2023 DATED 27.09.2022 AND CONSEQUENTLY QUASH THE ORDER IN NO.AR40/VYAJYA/PRA/ 29(C)02/2021-22 DATED 14.03.2022 PASSED BY THE RESPONDENT NO.2 DISQUALIFYING THE PETITIONER FOR A PERIOD OF 5 YEARS FROM THE DIRECTORSHIP OF THE SOCIETY, VIDE ANNEXURE-K AND G RESPECTIVELY AS VOID, ILLEGAL, CAPRICIOUS AND UNCONSTITUTIONAL. IN WP NO. 20352/2022 BETWEEN:
1. SRI. K.B. SHEKHAR S/O BHADREGOWDA, AGED ABOUT 40 YEARS, DIRECTOR OF PRIMARY AGRICULTURE CREDIT
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HC-KAR NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022
CO-OPERATIVE SOCIETY LTD., KIKKERI, KIKKERI VILLAGE AND HOBLI, K.R. PET TALUK, MANDYA DISTRICT-571423. ...PETITIONER (BY SMT. AMBIKA M., ADVOCATE) AND:
1. THE DEPUTY REGISTRAR CO-OPERATIVE SOCIETIES SUBHASH NAGAR, I CROSS, MANDYA-573201. 2. THE ASSISTANT REGISTRAR CO-OPERATIVE SOCIETIES PANDAVAPURA SUB DIVISION, PANDAVAPURA TOWN AND TALUK, MANDYA DISTRICT-571434. 3. THE CHIEF EXECUTIVE OFFICER PRIMARY AGRICULTURE CREDIT CO-OPERATIVE SOCIETY LTD., KIKKERI, KIKKERI VILLAGE AND HOBLI, K R PET TALUK, MANDYA DISTRICT-571423. ...RESPONDENTS (BY SRI.
H.K. KENCHEGOWDA, AGA FOR R1 & R2;
R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
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HC-KAR NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022
QUASH THE ORDER OF THE RESPONDENT NO.1 PASSED IN APPEAL NO.DRY/DAP/12/2021-2022 DATED 30.09.2022 AND CONSEQUENTLY QUASH THE ORDER IN NO.AR40/ VYAJYA/PRA/29(C)03/2021-22 DATED 14.03.2022 PASSED BY THE RESPONDENT NO.2 DISQUALIFYING THE PETITIONER FOR A PERIOD OF 5 YEARS FROM THE DIRECTORSHIP OF THE SOCIETY, VIDE ANNEXURE-K AND G RESPECTIVELY AS VOID, ILLEGAL, CAPRICIOUS AND UNCONSTITUTIONAL. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. Heard the learned counsel appearing for the parties.
2. In W.P. No.20351/2022, petitioner is praying to quash the order dated 27.09.2022 in Appeal No.DRY/DAP/01/2022-23 passed by respondent No.1 and consequently quash the order dated 14.03.2022 passed by respondent No.2 disqualifying the petitioner for a period of five years from the Directorship of the Society, as per Annexures - K and G respectively.
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HC-KAR NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022
3. In W.P. No.20352/2022, petitioner is praying to quash the order dated 30.09.2022 in Appeal No.DRY/DAP/12/2021-22 passed by respondent No.1 and consequentially quash the
order dated 14.03.2022 passed by respondent No.2 disqualifying the petitioner for a period of five years from the Directorship of the Society, as per Annexures - K and G respectively.
4. In this regard, I have carefully considered the impugned orders dated 27.09.2022 and 30.09.2022 (Annexure-K in both Writ Petitions), wherein, the respondent - authorities have taken a decision that the petitioners were defaulters between 30.11.2020 to 31.09.2021 during their tenure as Directors of the respondent - Society.
5. In that view of the matter, following the language employed under S.29-C of the Karnataka Co-Operative Societies Act, 1959, wherein it stipulates that no person shall be eligible for being elected, appointed or continued as a Member of the Board of any Co-operative Society, if he is a defaulter to the society and that apart, considering the object and intent of the said provision is to ensure transparency and
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HC-KAR NC: 2026:KHC:12779 WP No. 20351 of 2022 C/W WP No. 20352 of 2022
accountability in financial transactions, I am of the view that, no interference is called for in these Writ Petitions.
6. Accordingly, the orders passed by the respondent - authority in Appeal No. DRY/DAP/01/2022-23 dated 27.09.2022 and in Appeal No.DRY/DAP/12/2021-22 dated 30.09.2022 and the consequential orders dated 14.03.2022 are just and proper which do not call for any interference in these Writ Petitions.
7. Accordingly, both W.P.No.20351/2022 and W.P.No.20352/2022 are hereby dismissed.
8. Pending applications if any, do not survive for
consideration.
Sd/- (E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 23