Writ Petition No. 6647 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:9828 WP No. 6647 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6647 OF 2025 (CS-RES) BETWEEN: KAMADHENAHALLI MILK PRODUCERS CO-OPERATIVE SOCIETY LTD., REP. BY ITS PRESIDENT, SRI. K.S. HARISHKUMAR, S/O. SRINIVASA G., AGED 36 YEARS, KAMADHENAHALLI VILLAGE AND POST, KOLAR TALUK, KOLAR-563 101, (PETITIONER SOCIETY IS REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) …PETITIONER (BY SRI. R. HEMANTH RAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF CO-OPERATIVE SOCIETIES, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BANGALORE 560 001. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES (INDUSTRIES AND ANIMAL HUSBANDRY) OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO. 1, ALI ASKAR ROAD, BANGALORE-560 052. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9828 WP No. 6647 of 2025 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, BANGALORE DIVISION, NO.146, SAHAKARASOUDHA MARGOSA ROAD, MALLESHWARAM, BANGALORE-560 003 4. KOLAR DISTRICT CO-OPERATIVE MILK PRODUCERS' SOCIETIES UNION LTD., KOLAR DAIRY, NH-4, HUTHUR POST, KOLAR-563 102, REPRESENTED BY ITS ADMINISTRATOR/ASSISTANT COMMISSIONER KOLAR SUBDIVISION, KOLAR, (RESPONDENT NO.4 SOCIETY IS REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959) 5. THE MANAGING DIRECTOR KOLAR DISTRICT CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD., KOLAR DAIRY, NH-4, HUTHUR POST, KOLAR 563 102, (RESPONDENT NO. 5 SOCIETY IS REGISTERED UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959)
Legal Reasoning
(BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR SRI. SARAVANA S., ADVOCATE FOR C/R5; SMT. PRATHIMA HONNAPURA, AAG A/W SRI. YOGESH D NAIK, AGA FOR R1 TO R4) …RESPONDENTS - 3 - NC: 2025:KHC:9828 WP No. 6647 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO THE NOTICE DATED. 27.02.2025 SCHEDULING THE SPECIAL GENERAL BODY MEETING ON 13.03.2025 ISSUED BY THE R-5 (PRODUCED AS ANNEXURE-A) AND CONSEQUENTLY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this court seeking for the following reliefs. i. Issue a writ of certiorari to the notice dated 27.02.2025 scheduling the Special General Body Meeting on 13.03.2025 issued by the 5th Respondent (produced as Annexure-A) and consequently; ii. Issue a writ of Mandamus permitting the DELEGATEES to participate in the Special General Body Meeting of the 4th Respondent. iii. Pass such other orders or directions as deem fit by this Hon'ble Court including awarding the costs, in the interest of justice and equity. - 4 - NC: 2025:KHC:9828 WP No. 6647 of 2025 2. The petitioner is aggrieved by the notice of meeting issued by Respondent No.5 for a meeting proposed to be held on 13.03.2025 at 11.30 a.m., to consider the amendments to the bye-laws. 3. The submission of the learned counsel for the petitioner is that the meeting being a special general meeting, participation is restricted only to the President of the various Societies and not to the delegate of Respondent No.5/Society. 4. In terms of Section 2(e-1-a) of the Karnataka Co- operative Societies Act, 1959 (for brevity referred to as 'the Act of 1959'), a "Delegate" would mean a "Director" of a society appointed by the Board to represent that co-operative society and as such, he submits that it is not the President who will automatically be the delegate, but would - 5 - NC: 2025:KHC:9828 WP No. 6647 of 2025 have to be nominated by the co-operative society. Sub-section (e-1-a) of Section 2 is reproduced here under for easy reference: "Delegate" means a member of the Board of a Co-operative society appointed by the Board to represent that Co-operative Society in other co-operative societies; 5. His further submission is that in terms of sub- Rule 12 of Rule 14 of the Karnataka Co-operative Societies Rules, 1960, it is the Chair Person or President or a member of the Board duly authorized by the Board of such co-operative Society who could represent the co-operative in the meeting. 6. Sub-rule 12 of Rule 14-AK is reproduced for reference: (12) Where in any meeting of the general body or board of a co-operative society, another co-operative society to be represented, such co-operative society shall be represented in such meeting only through is - 6 - NC: 2025:KHC:9828 WP No. 6647 of 2025 chairperson or president or a member of the board duly authorised by the board of such co-operative, as the case may be and where there is no board of such co-operative society, for whatever reasons, through the administrator or the special officer of such co-operative society. 7. His submission therefore, is that the meeting could not have been restricted to be attended by the President of the primary co-operative society, but there should have to have been notice issued to the Co-operative Society permitting a delegate to represent the primary co-operative society in the meeting of the 5th respondent. 8. Sri.D.R.Ravi Shankar, learned senior counsel appearing for Respondent No.5 would submit that though the notice has been issued indicating the President to attend the meeting, the same has been issued in pursuance of Rule 12 of the Bye- laws. Bye-law No.12 of the Bye-laws of - 7 - NC: 2025:KHC:9828 WP No. 6647 of 2025 Respondent No.5 which defines a general body is as under: (12) The general body of the Union shall consist of all the delegates of the member societies at the rate of President or one director chosen by the Board of each Society from among its directors. The Board of every member societies shall choose its president or a director to be its delegate to participate and vote in the general meeting or to participate, contest, vote or withdraw the nomination paper in the election of the directors of the Union. 9. By referring to the above definition, he submits that the general body of the Union would consist of delegates of all the members of the societies from among those Directors chosen by the Board of Directors to participate and vote in the election or withdraw the nominations in the election of the Directors. 10. Thus, he submits that unless there is a delegation made by the Primary Co-operative, the President - 8 - NC: 2025:KHC:9828 WP No. 6647 of 2025 would be one who would by default be authorized to represent the primary co-operative in the meeting, if there is no one else who has been appointed as a delegate among the Board of Directors either to participate contest, vote or withdraw the nominations at the meeting of the 5th respondent. 11. He therefore, submits that there is no restriction on the primary co-operative appointing any delegate to the meeting again by relying on sub- rule (12) of Rule 14-AK. He submits that it is only one person who can represent the primary co- operative who can either be "President" or "member" of the Board duly authorized by the Board. 12. By default, it has been considered that the President is delegate of the Primary Co-operative - 9 - NC: 2025:KHC:9828 WP No. 6647 of 2025 Society. In the event of any one else being nominated, such person could attend the meeting to be held on 13th March 2025 at 11.30 a.m. He therefore, submits that the petition could be accordingly disposed of, recording his submissions. 13. Heard Sri.R.Hemanth Raj, learned counsel for the petitioner, Sri.D.R.Ravishankar, learned senior counsel for Sri.Saravana.S, counsel for Respondent No.5, Smt.Prathima Honnapura, learned AAG along with Sri.Yogesh D.Naik, learned AGA for Respondent Nos.1 to 4 and perused the records. 14. The submission of Sri.D.R.Ravishankar, learned senior counsel would answer the grievance of the petitioner inasmuch as the Respondent No.5- Society having clarified that by default, the - 10 - NC: 2025:KHC:9828 WP No. 6647 of 2025 President could represent the Primary Co- operative and in the event of any other member of Primary Co-operative nominated by the President, such Director delegated to the meeting can attend. 15. Thus, as per the bye-laws, it is clear that the President who would attend the meeting as a Delegate by default or any other Board members could be appointed as Delegate. Needless to say if any other member is nominated/appointed as Delegate, the President cannot exercise powers of "Delegate". 16. Thus, again it would be one of the above who could represent the primary co-operative in the meeting. If there is no delegation/nomination made by the primary co-operative, it would be the President who would by default represent the - 11 - NC: 2025:KHC:9828 WP No. 6647 of 2025 primary co-operative in the meeting and if there is a delegation made by the primary co-operative of any other member of the Board, then the President would be entitled to attend the meeting. Thus, it is made clear that the President though is nominated by default, it could be any other member who also could be nominated by the Board of the primary co- operative, in place of the President. 17. Hence, though there is a technical defect in the notice which has been issued at Annexure-A which neglects the word "delegate of the primary co-operative", the learned senior counsel on behalf of Respondent No.5, on instructions, submits that even a delegate of a primary co- operative supported by necessary documents would be permitted to participate in the meeting to be held on 13.03.2025, which would answer - 12 - NC: 2025:KHC:9828 WP No. 6647 of 2025 the grievance. As such I pass the following order:
Decision
Writ Petition is disposed of in terms of the submission made by learned senior counsel on behalf of Respondent No.5 that even a "Delegate" supported by necessary documents should be permitted to participate in the election to be held on 13.03.2025, in place of the President. Sd/- (SURAJ GOVINDARAJ) JUDGE BNV List No.: 1 Sl No.: 32/CT:SNN