- 1 - HC-KAR NC: 2026:KHC-D:135 WP No. 109949 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.109949 OF 2025 (CS-RES) BETWEEN: 1. SHIVALLI MILK PRODUCER CO-OPERATIVE SOCIETY SHIVALLI, AT/POST: SHIVALLI, TQ. AND DIST. DHARWAD, PIN-580112, REP. BY CHIEF EXECUTIVE OFFICER. 2. SRI. SHANKRAPPA MUGAD S/O. VEERAPPA MUGAD, AGE. 58 YEARS, OCC. AGRI., AT/POST: SHIVALLI, TQ-DIST: DHARWAD-580112, PRESIDENT OF DHARWAD, GADAG AND UTTARAKANNADA DISTRICT, MILK PRODUCER CO-OPERATIVE UNION LTD., DHARWAD AND REPRESENTATIVE/DIRECTOR OF PETITIONER NO.1 SOCIETY. …PETITIONERS (BY SMT. VIDYAVATI M.KOTTURSHETTAR, ADVOCATE) AND: 1. DHARWAD DISTRICT CO-OPERATIVE UNION LIMITED DHARWAD, REG. NO.7677 DATED 16.03.1937 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, SHAKARA GNYANA MANDIRA, 1ST MAIN ROAD, 2ND CROSS, NARAYANPUR DHARWAD-560008. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:135 WP No. 109949 of 2025 2. KARNATAKA STATE CO-OPERATIVE FEDERATION LIMITED, NO.32, 3RD FLOOR, D. DEVRAJ URS ROAD (RACECOURSE ROAD), BENGALURU-560001. …RESPONDENTS (BY SRI. M.A. PATHAN, ADVOCATE FOR R1; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, i. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE NOTICE BEARING THE NOTICE BEARING NO.ULLIKA:GSAUDHA/169/2025-26 DATED 15.12.2025 ISSUED BY THE RESPONDENT NO.1 UNION VIDE ANNEXURE-A. ii. ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 UNION TO CONDUCT A GENERAL BODY MEETING AFTER ISSUING THE NOTICE TO PARTICIPATE IN THE GENERAL BODY MEETING TO THE PETITIONER NO.1 SOCIETY. iii. ISSUE SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2026:KHC-D:135 WP No. 109949 of 2025 ORAL ORDER The present writ petition is filed seeking the following prayers: “a) Issue a writ in the nature of certiorari quashing the notice bearing No. ULLIKA:GSAUDHA/169/2025-26 dated 15.12.2025 issued by the respondent No.1 Union vide Annexure-A. b) Issue a writ in the nature of mandamus directing the respondent No.1 Union to conduct a General Body Meeting after issuing the notice to participate in the general body meeting to petitioner No.1/Society. c) Issue such other reliefs as this Hon’ble Court deems fit in the circumstances of the case in the interest of justice.” 2. The facts of the case are that, the petitioner No.1 is a Milk Producer Co-operative Society and respondent No.2 is the Karnataka State Co-operative Federation Limited. The petitioner No.1/Society being the member of Respondent No.1/Union, vide Resolution dated 23.12.2021 has authorized the petitioner No.2 to represent the petitioner No.1/Society. The petitioner No.1/Society has declared uncontested as a Director from Milk Producer Co-operative Societies among 48 members in the list. The petitioner No.2 being the Director of respondent No.1/Union has attended the meetings regularly as prescribed under the Act, - 4 - HC-KAR NC: 2026:KHC-D:135 WP No. 109949 of 2025 Rules and Bye-laws. It is stated that the respondent No.1 passed a resolution dated 23.05.2025 that in the pending Writ Petition No.103377/2025, respondent No.1/Union is not a party and if any orders are passed by this Court, the same would be considered by respondent No.1. The election of petitioner No.1/Society is declared on 22.09.2025 as per the direction of the Hon’ble Supreme Court in SLP No.26208/2025 vide order dated 19.09.2025. Thereafter, the petitioners made representation to respondent No.1 regarding declaration of results by the Hon’ble High Court. It is stated that in Writ Petition No.103377/2025, this Court by interim order dated 22.07.2025 directed the Returning Officer to hold the election from the stage where it was interrupted. The Returning Officer on 22.09.2025 fixed the date of election on 13.09.2025. On 27.10.2024, Writ Appeal No.108123/2024 was filed and in the said Writ Appeal, the Division Bench of this Court directed not to announce the result. The petitioners carried the same to the Hon’ble Supreme Court by filing SLP No.26208/2025. The Hon’ble Supreme Court vide interim order dated 19.09.2025 directed to declare the result. Thereafter, the petitioner No.1/Society passed a resolution on 15.11.2025 authorizing the - 5 - HC-KAR NC: 2026:KHC-D:135 WP No. 109949 of 2025 petitioner No.2 to be the representative of petitioner No.1/Society in the respondent No.1/Union. It is further stated that respondent No.2/Federation vide letter dated 08.12.2025 informed all the Regional Co-operative Unions to send delegation form to respondent No.2 on or before 09.01.2026 addressing to Chief Executive Officer of respondent No.1. Respondent No.1 being one of Regional Unions, has deliberately not informed the petitioner No.1/Union and has arbitrarily surpassing the Director, has issued impugned notice/letter dated 15.12.2025. It is stated that respondent No.1/Union with malafide intention has issued the impugned notice vide Annexure-A assuming that there are some lacunas in respect of petitioner No.2 and has arbitrarily assumed that the Director position of respondent No.1/Union is vacant despite the fact being that the petitioner No.1 is the Director and petitioner No.2 is only the representative of petitioner No.1/Society and the fact that there is no disqualification of petitioner No.1 under Sections 21 and 29C of the Karnataka Co-operative Societies Act, 1959. 3. Learned counsel for the petitioners submits that on 19.12.2025, a co-ordinate Bench of this Court has granted an - 6 - HC-KAR NC: 2026:KHC-D:135 WP No. 109949 of 2025 interim order till 23.12.2025 and the same is extended from time to time. 4. Today, a memo is filed before this Court by respondents No.1 and 2 stating that they have filed IA No.2/2025 for vacating the interim order, however, they are not pressing the said IA. It is also stated that they will issue notice to all the Directors including petitioner No.2 by way of all the modes of service and for the knowledge of all the Directors including petitioner No.2, to participate in the meeting on or before 09.01.2026. It is further stated that if the delegation is not forwarded to respondent No.2, the time already scheduled on 09.01.2026 by respondent No.2 may kindly be extended to receive the delegation from respondent No.1 under the unavoidable circumstances. 5. Learned counsel for the petitioners submits that in light of above memo, the writ petition can be disposed off. 6. Considering the memo that is filed, this Court proceeds to pass the following: - 7 - HC-KAR NC: 2026:KHC-D:135 WP No. 109949 of 2025 ORDER i) The meeting shall be conducted on 08.01.2026 and the same shall be communicated by way of notice to all the Directors including petitioner No.2. ii) Accordingly, the writ petition is disposed off. iii) All I.A.s in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT: UMD List No.: 2 Sl No.: 21