Writ Petition No. 32466 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:1380 WP No. 32466 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 32466 OF 2024 (CS-RES) BETWEEN: 1. SRI. V.N. CHANNAKRISHNAPPA S/O NARAYANAPPA AGED ABOUT 58 YEARS R/AT VENKAPURA VILLAGE CHINAMANI TALUK CHIKKABALLAPURA - 563 124 2. SRI. V M CHANNAKESHAV S/O LATE MUNISYAMAPPA AGED ABOUT 56 YEARS, R/AT VENKAPURA VILLAGE CHINAMANI TALUK CHIKKABALLAPURA - 563 124 3. SRI. V N SUBRAMANI S/O NARAYANAPPA AGED ABOUT 49 YEARS, R/AT VENKAPURA VILLAGE, CHINAMANI TALUK CHIKKABALLAPURA - 563 124 4. SRI. ASHWATAPPA S/O NARASIMHAPPA AGED ABOUT 54 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1380 WP No. 32466 of 2024 R/AT VENKAPURA VILLAGE, CHINAMANI TALUK CHIKKABALLAPURA - 563 124
Legal Reasoning
5. SRI. VENKATARAYAPPA S/O LATE NARAYANAPPA AGED ABOUT 58 YEARS, R/AT VENKAPURA VILLAGE, CHINAMANI TALUK CHIKKABALLAPURA - 563 124 6. SRI. VENKATESH S/O LATE NARAYANAPPA AGED ABOUT 53 YEARS, R/AT VENKAPURA VILLAGE, CHINAMANI TALUK CHIKKABALLAPURA - 563 124 7. SRI. VENKATARATNAMMA W/O LATE LAKSHMINARAYANAPPA AGED ABOUT 48 YEARS R/AT VENKAPURA VILLAGE, CHINAMANI TALUK CHIKKABALLAPURA - 563 124 (BY SRI. AKKI MANJUNATH GOWDA K., ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF CO-OPERATION, M S BUILDING DR. B R AMBEDKAR VEEDHI BENGALURU - 560 001 REP. BY ITS PRINCIPLE SECRETARY - 3 - NC: 2025:KHC:1380 WP No. 32466 of 2024 2. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 563 128 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 563 128 4. VENKATAPURA MILK PRODUCERS COOPERATIVE SOCIETY LTD. VENKATAPURA, CHINTAMANI TALUK CHIKKABALAPURA DISTRICT - 563 128 BY ITS CHIEF EXECUTIVE OFFICER (BY SRI. SIDHARTH BABURAO, AGA FOR R1 TO R3; R4 - SERVED) …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION ISSUED BY THE R-3 DATED 21.10.2024 VIDE NO. CO48/AMR CASE 31(1)/CR/07/2024-25 PRODUCED AS ANNEXURE-E AS ILLEGAL AND BAD IN LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC:1380 WP No. 32466 of 2024 CORAM: HON'BLE MRS JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioners are seeking the following prayers: "a) Issue a writ in the nature of certiorari quashing the notification issued by the respondent no 3 dated 21-10-2024 vide No:CO48/AMR CASE 31(1)/CR/07/2024-25 produced as Annexure E as illegal and bad in law; b) Issue such other appropriate writ, order or direction as this Hon'ble court deems fit under the circumstances of the case in the interest of justice and equity." 2. Heard the learned counsel Sri.Akki Manjunath Gowda K., appearing for the petitioners and the learned Additional Government Advocate Sri.Sidharth Baburao, appearing for respondent Nos.1 to 3. 3. Vide Annexure - E, the Administrator has been appointed to respondent No.4 - Society by the State. The - 5 - NC: 2025:KHC:1380 WP No. 32466 of 2024 case of the petitioners is that the order issued by respondent No.3 appointing the Administrator on the ground that there is no quorum, is totally erroneous, as the total elected Directors are 10 and the valid quorum would be 5 Directors, who were present and the said order issued by respondent No.3 is without considering the said aspect and the notification vide Annexure - E is liable to be set aside. 4. Per contra, learned AGA appearing for the State submits that in terms of Section 28A(2)(i)(a) of the Karnataka Co-operative Societies Act, 1959, (herein after referred to as "KCS Act, 1959’ for short), the minimum requirement for the elected representatives are to be 13 members and in the present case, respondent No.4 - Society has only 10 elected representatives, out of which 3 of them have resigned and as such, there is no quorum and the impugned order at Annexure - E is proper and right. - 6 - NC: 2025:KHC:1380 WP No. 32466 of 2024 5. Having heard the learned counsel for the parties, the point that falls for consideration is that: "Whether the impugned notification Vide Annexure E is sustainable with reference to Section 28A of the KCS Act,1959? 6. Section 28A of the KCS Act 1959, reads as under: "28A. Management of co-operative societies vest in the *board*.- (1)The management of a co- operative society shall vest in a *board*constituted in accordance with this Act, the rules and the bye- laws of such society. The *board* shall exercise such powers, discharge such duties and perform such functions as may be conferred or imposed upon it by this Act, the rules and the bye-laws. (2) The *board* of a co-operative society shall consist of not less than eleven but not exceeding the number of members specified below excluding [XXX] the Chief Executive, namely:— (i) in case of a primary society and a secondary society whose area of operation extends to,- - 7 - NC: 2025:KHC:1380 WP No. 32466 of 2024 (a) a part of taluk, eleven members; (b)whole of taluk, thirteen members; (c) beyond a taluk but not beyond a district, fifteen members: Provided also that in case of Urban Cooperative Banks having area of operation not beyond a district the maximum number shall not exceed seventeen members. (d) beyond a district, nineteen members xxxxxx" (Emphasis supplied) 7. Section 28A of the KCS Act, 1959 has to be read along with Rule 14-AK of the Karnataka Cooperative Societies, Rules 1960 (herein referred to as 'Rules 1960' for short). Rule 14-AK (4) of the KCS Rules, 1960 reads as under: "14-AK(4). The number next to fifth per cent of the strength of the board as specified in the bye-laws shall form the quorum for a meeting of the board the members who are all attending the meeting shall sign in the Book kept for the purpose before commencement of the board meeting. If there is no quorum at the time of transacting any business - 8 - NC: 2025:KHC:1380 WP No. 32466 of 2024 in any meeting of the board, no such business shall be transacted." 8. Plain reading of Section 28A of the KCS Act, 1959 and Rule 14-AK(4) of Rules, 1960 indicates that the total elected representative of the board of a primary society and a secondary society for a part of taluk has to be 13 members and for conduct of meetings, the number next to fifth percent of the strength of the board as specified in the bye-laws (13 No’s) shall form the quorum for a meeting of the board(7 No’s). 9. The perusal of the material on record would indicate that respondent No.4 - Society constituted quorum of 5 Directors which did not fulfill the prescribed quorum as indicated under Section 28A of the KCS Act, 1959 read with Rule 14-AK(4) of Rules, 1960, under such circumstances, the appointing of the Administrator by respondent No.3 is justified warranting no interference by this Court and this Court pass the following: - 9 - NC: 2025:KHC:1380 WP No. 32466 of 2024
Decision
ORDER The writ petition dismissed as devoid of merits. Sd/- (JUSTICE K.S. HEMALEKHA) KG List No.: 1 Sl No.: 11