[Cites 6, Cited by 0]

Karnataka High Court

Smt Chaturabai vs State Of Karnataka on 12 March, 2026

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                                        WP No. 201639 of 2025


                      HC-KAR




                                  IN THE HIGH COURT OF KARNATAKA

                                         KALABURAGI BENCH

                               DATED THIS THE 12TH DAY OF MARCH, 2026

                                              BEFORE
                           THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
                            WRIT PETITION NO. 201639 OF 2025 (GM-KSR)


                      BETWEEN:

                      1.   SMT. CHATURABAI W/O SHYAMA RAO,
                           AGED ABOUT 54 YEARS,
                           O/O PRESIDENT BALVANTH RAO VARALE
                           EDUCATION SOCIETY, HUMNABAD,
                           BIDAR-585 401.

                      2.   SMT. YESHODHA PREMNATH SHINDE
                           D/O PREMNATH SHINDE,
                           AGED ABOUT 48 YEARS,
                           R/A MIG4, KHB COLONY,
                           BHALKI-585 328.

Digitally signed by   3.   SRI. SUSHIL SHAMRAO ARKERI
NIJAMUDDIN                 S/O SHAMRAO ARKERI,
JAMKHANDI
Location: HIGH             AGED ABOUT 37 YEARS,
COURT OF
KARNATAKA                  R/A SHANKARGUNJWADI,
                           HUMNABAD-585 330.

                      4.   SRI. SUBASH SAMBANNA
                           S/O SAMBANNA,
                           AGED ABOUT 62 YEARS,
                           R/A HALLIKHED (B),
                           HUMNABAD-585 330.

                      5.   SUNILKUMAR S. ARKERI
                           S/O CHATURABAI,
                           AGED ABOUT 37 YEARS,
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     R/A KHB COLONY,
     NAUBAD, BIDAR-585 401.

6.   SMT. PARAMESHWARI B. SHINDE
     D/O LATE. BAKKAPPA SHINDE,
     AGED ABOUT 36 YEARS,
     R/A MIG4, KHB COLONY,
     BHALKI-585 328.

7.   SMT. MEENAKSHI W/O BASAVARAJ,
     AGED ABOUT 45 YEARS,
     R/A GORTHA, BASAVAKALYAN TALUK,
     BIDAR-585 327.

8.   SRI. SHIVAJI S/O PREMNATH,
     AGED ABOUT 57 YEARS,
     R/A BASAVAKALYAN TALUK,
     BIDAR-585 327.

9.   SMT. REKHA DEVI W/O SOMLING JANDE,
     AGED ABOUT 48 YEARS,
     R/A SHIVNAGAR,
     BIDAR-585 401.


                                             ...PETITIONERS

(BY SRI LAKSHMINARAYANA V., SENIOR ADVOCATE FOR
 SRI. SPARSHA SHETTY, ADVOCATE THROUGH (VC))

AND:

1.   STATE OF KARNATAKA,
     REP. BY ITS PRINCIPAL SECRETARY,
     DEPARTMENT OF CO-OPERATION,
     MS BUILDING,
     BENGALURU-560001.

2.   THE DISTRICT REGISTRAR OF SOCIETIES,
     BIDAR-584501.
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3.   THE ENQUIRY OFFICER AND II ADDL. ASSISTANT
     OFFICE OF THE ASST. DIRECTOR OF
     CO-OPERATIVE SOCIETIES,
     BIDAR-584 501.

4.   HARSHA B. RATNAKAR
     S/O LATE BHARAT RATNAKAR,
     AGED ABOUT 42 YEARS,
     O/O PRESIDENT OF BALVANTH RAO VARALE,
     EDUCATION SOCIETY, HUMNABAD,
     BIDAR-585 401.
     R/A 2-907/48A, RATHNAKAR BUILDING,
     ANANDNAGAR, KALABURAGI-584 501.

5.   ATUL B. RATNAKAR
     S/O LATE. BHARAT RATNAKAR,
     AGED ABOUT 35 YEARS,
     R/A 2-907/48A, RATNAKAR BUILDING,
     ANANDNAGAR, KALABURAGI-585 102.

6.   ASHOK B. RATNAKAR
     S/O LATE. BHARAT RATNAKAR,
     AGED ABOUT 36 YEARS,
     R/A C-37, KAPNOOR INDUSTRIAL AREA,
     KALABURAGI-585 104.

7.   SMT. SHAKUNTALA HALLUR
     MEMBER,
     AGED ABOUT 35 YEARS,
     R/A BALVANTH RAO VARALE,
     EDUCATION SOCIETY, HUMNABAD,
     BIDAR-585 401.

8.   SRI. RAJESH KOTEKAR
     MEMBER,
     AGED ABOUT 30 YEARS,
     R/A BALVANTH RAO VARALE,
     EDUCATION SOCIETY, HUMNABAD,
     BIDAR-585 401.
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9.   SMT. SHARDHA PUNDLIKRAO
     MEMBER,
     W/O PUNDLIKRAO,
     AGED ABOUT 59 YEARS,
     R/A BALVANTH RAO VARALE,
     EDUCATION SOCIETY, HUMNABAD,
     BIDAR-585 401.

10. SMT. SUMAN S.H.
    MEMBER,
    AGED ABOUT 35 YEARS,
    R/A BALVANTH RAO VARALE,
    EDUCATION SOCIETY, HUMNABAD,
    BIDAR-585 401.

11. SRI. BHEEMRAYA GHAWNAHALLI
    MEMBER,
    AGED ABOUT 38 YEARS,
    R/A BALVANTH RAO VARALE,
    EDUCATION SOCIETY, HUMNABAD,
    BIDAR-585 401.

                                        ...RESPONDENTS

(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3;
 SRI JAYAKUMAR S. PATIL, SENIOR ADVOCATE FOR
 SRI HARSHAVARDHAN R. MALIPATIL, ADVOCATE
 FOR R4 THROUGH (VC);
 SRI PRADEEP KUMAR, ADVOCATE FOR R6 TO R11;
 NOTICE TO R5, R7 TO R10 IS SERVED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS
TO CONDUCT A PROPER ENQUIRY IN ACCORDANCE WITH THE
DIRECTION ISSUED BY THIS COURT AS PER THE REMAND
ORDER DATED 19.10.2020 PASSED IN W.P.NO.202609/2017
(ANNEXURE-AE) AND FURTHER DECLARE PROCEEDINGS
DRAWN IN THE SAID MEETING DATED 23.08.2010 IS NULLITY
(ANNEXURE-D) AND THE SAME CANNOT BE ENFORCEABLE AND
DECLARE THAT THE RESOLUTION DATED 23.08.2010
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(ANNEXURE-D) IS IN NOT ACCORDANCE WITH LAW AND
CONTRARY TO LAW AND ILLEGAL AND SHALL BE REMOVED
FROM THE RECORDS MAINTAINED BY THE REGISTRAR ie,
RESPONDENT NO.2 AS THE MEETING WAS CONVENED NOT BY
SECRETARY OR PRESIDENT. B) ISSUE A WRIT OF MANDAMUS
DIRECTING    THE   RESPONDENTS   TO   CONTINUE    THE
COMMITTEE WHICH WAS IN EXISTENCE AS ON THE DATE OF
FILING OF THE WRIT PETITION IN WP NO. 202609/2017 i.e.,
PRIOR TO THE ISSUANCE OF THE ENDORSEMENT DATED
10.05.2017 (ANNEXURE-AD) AND THE SAME WAS QUASHED
BY THIS HONOURABLE COURT BY AN ORDER DATED
19.10.2020 IN WP NO.202609/2017 (ANNEXURE-AE). C)
DECLARE THAT ANY DIRECTION REFERRING THE MATTER TO
THE PRINCIPAL CIVIL JUDGE TO DECIDE THE DISPUTE IN A
ENQUIRY REPORT DATED 22/4/2021 AT ANNEXURE-AM WOULD
BE ULTRA VIRES THE ORDER OF PASSED BY THIS HON'BLE
COURT DATED 19.10.2020 PASSED IN WP.NO.202609/2017
(ANNEXURE-AE). D) QUASH THE LIST OF OFFICE BEARERS
FILED BY THE CONTESTING RESPONDENTS AS THE SAID LIST
WITHOUT HOLDING ELECTIONS AS PER THE DIRECTIONS OF
THIS COURT PASSED ORDER DATED 25.01.2021 IN WP NO.
226971/2020 (ANNEXURE-AK) AND DIRECTIONS TO HOLD
ELECTIONS AFTER DELETING 6 MEMBERS WHO ARE
SIGNATORIES TO THE RESOLUTION DATED 23.08.2010
(ANNEXURE-D) AND THE ILLEGAL MEETING NOTICE DATED
12.08.2010 (ANNEXURE-C) AND MEETING DATED 23.08.2010
(ANNEXURE-D) PROCEEDINGS SHOULD BE DECLARED AS VOID
AND NULLITY AND ALL MEETINGS PARTICIPATED BY THE 6
MEMBERS MUST BE DECLARED ILLEGAL AND NULLITY IN VIEW
OF THE REPORT OF THE JOINT REGISTRAR DATED 10.01.2025
(ANNEXURE-AU). E) ISSUE A WRIT OF MANDAMUS TO TAKE
FURTHER STEPS IN IMPLEMENTING THE REPORT OF THE JOINT
DISTRICT REGISTRAR DATED 10.01.2025 (ANNEXURE-AU)
AND. F) PASS ANY APPROPRIATE ORDER/DIRECTION AS
DEEMS FIT BY THIS COURT IN THE CIRCUMSTANCES OF THE
CASE DURING THE PENDENCY OF THE WRIT PETITION.


    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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                                       WP No. 201639 of 2025


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CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY


                        ORAL ORDER

This writ petition is filed under Articles 226 and 227

of the Constitution of India seeking the following reliefs:

"A) Issue a writ of mandamus, directing the respondents to conduct a proper enquiry in accordance with the direction issued by this Court as per the remand order dated 19.10.2020 passed in W.P.No.202609/2017 (Annexure-AE) and further declare proceedings drawn in the said meeting dated 23.08.2010 is nullity (Annexure-D) and the same cannot be enforceable and declare that the resolution dated 23.08.2010 (Annexure-D) is in not accordance with law and contrary to law and illegal and shall be removed from the records maintained by the registrar ie, respondent no.2 as the meeting was convened not by secretary or president.

B) Issue a writ of mandamus directing the respondents to continue the committee which was in existence as on the date of filing of the writ petition in WP No. 202609/2017 i.e., prior to the issuance of the endorsement dated 10.05.2017 (Annexure-AD) and the same was quashed by this Honourable Court by an order dated 19.10.2020 in WP No.202609/2017 (Annexure-AE).

C) Declare that any direction referring the matter to the Principal Civil Judge to decide the dispute in a enquiry report dated 22/4/2021 at Annexure-AM would be ultra vires the order of passed by this Hon'ble Court dated 19.10.2020 passed in WP.No.202609/2017 (Annexure-AE).

D) Quash the list of office bearers filed by the contesting respondents as the said list without holding elections as per the directions of this court

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passed order dated 25.01.2021 in WP No. 226971/2020 (Annexure-AK) and directions to hold elections after deleting 6 members who are signatories to the resolution dated 23.08.2010 (Annexure-D) and the illegal meeting notice dated 12.08.2010 (Annexure-C) and meeting dated 23.08.2010 (Annexure-D) proceedings should be declared as void and nullity and all meetings participated by the 6 members must be declared illegal and nullity in view of the report of the joint registrar dated 10.01.2025 (Annexure-AU).

E) Issue a writ of mandamus to take further steps in implementing the report of the joint district registrar dated 10.01.2025 (Annexure-AU) and.

F) Pass any appropriate order/direction as deems fit by this Court in the circumstances of the case during the pendency of the writ petition."

2. Heard the counsel for the parties.

3. Facts of the case as revealed from the records

are, Balavantrao Varale Education Society, Tq. Humnabad,

Dist. Bidar is a registered society under the provisions of

Karnataka Societies Registration Act, 1960 (hereinafter

referred to as 'the Act, 1960'). The object of the society is

to impart and implement educational activities and to

carry out activities incidental to educational activities. As

per the original by-laws of the society, the governing body

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of the management of the society consisted of seven

members. Petitioner Nos.1 and 5 herein appear to be the

members of the governing body for the year 2009. It

appears that the by-laws of the society was amended in

the year 2012 and the number of members in the

governing body was raised to 8 and the term of the

governing body was increased from 1 year to 3 years. The

list of 8 members elected to the governing body of the

society for the year 2012 to 2015 was approved by the

respondent No.2 and the name of petitioners herein was

not found in the same. It appears there is a dispute

between the parties with regard to membership of the

governing body of the society.

4. Subsequently, based on the complaint of

petitioner No.1 herein, it appears that the respondent No.2

had issued an order on 14.10.2016 under Section 25 of

the Act, 1960 appointing one Sangam B.H., as enquiry

officer and had directed the enquiry officer to hold an

enquiry about the management of the educational society

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by the governing body. Assailing the said order dated

14.10.2016, respondent No.4 herein had filed WP

No.202609/2017 before this Court and the said writ

petition was allowed and the order dated 14.10.2016 was

quashed and the matter was remitted to respondent No.2

to rehear the matter on merits and to pass appropriate

orders in accordance with law within an outer limit of 6

months from the date of the receipt of the copy of the

order.

5. The said order was challenged by petitioner Nos.1

and 5 herein before the Division Bench of this Court in WA

No.200049/2021. It appears that in the meanwhile

election was held to the governing body of the society and

the list of elected members was accepted by the

respondent No.2 on 15.12.2020. Assailing the same,

petitioner Nos.1 and 5 herein had filed WP

No.226971/2020 and in the said petition this Court on

25.01.2021 had appointed the Deputy Commissioner of

Bidar as the Administrator of the society to discharge all

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duties. The order passed in WP No.226971/2020 was

challenged by the respondent No.4 herein in WA

No.200026/2021 and the Division Bench of this Court

taking note of the submission made on behalf of

respondent No.4 that period of the elected body had come

to an end on 31.03.2021 and fresh elections were required

to be held, stayed the order passed in No.226971/2020

directing appointment of administrator to the society with

an observation that fresh elections to the governing body

of the society shall be held in accordance with law.

6. Accordingly, fresh election was held in the month

of April-2021 and list of newly elected members of the

governing body of the society was also submitted to the

competent authority. In view of the subsequent

developments and two elections being held subsequent to

the order dated 19.10.2020 passed in WP

No.202609/2017, WA No.200049/2021 filed challenging

the order passed in WP No.202609/2017 was disposed of

with an observation that nothing survives for consideration

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in the said writ appeal. WA No.200026/2021 was

subsequently disposed of, taking into consideration that

subsequent to the interim order passed in the said writ

appeal, staying the order passed in WP No.226971/2020

by the learned Single Judge, appointing an administrator

to the society, elections were already held to the society

and therefore, the grievance of the appellant was

redressed and nothing survives for further consideration.

7. It appears that pursuant to the order passed in

WP No.202609/2017, the respondent No.2 herein had held

an enquiry in accordance with law and had passed an

enquiry report on 06.09.2021 vide (Annexure-AM). Perusal

of the said report would go to show that the respondent

No.2, having noticed that the dispute between the

litigating parties was with regard to membership of the

governing body of the society, had relegated them to the

Civil Court for the purpose of adjudication of their dispute.

Undisputedly, the said report has not been questioned by

any of the parties till date.

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8. It appears that subsequently on 16.01.2024,

petitioner Nos.1 and 5 herein have submitted a complaint

to the Joint Registrar of Cooperative Societies and on the

basis of the same, an enquiry was held by the Joint

Registrar of Cooperative Societies, Kalaburagi Division and

a report was issued on 10.01.2025, stating that elections

were not properly held to the governing body of society

and accordingly had proposed an action under Section

27(A) of the Karnataka Societies Registration Act, 1960 to

appoint an administrator to the society. Based on the said

report passed by the Joint Registrar of Cooperative

Societies, present petition is filed seeking the aforesaid

reliefs.

9. Learned Senior Counsel for the petitioner submits

that for the last several years election has not been held

to the society in accordance with law. The Joint Registrar

of the Cooperative Society has now issued a report dated

10.01.2025, in which it is clearly stated that elections have

not been periodically held and respondent No.4 is also

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facing charges of misappropriation. It is under these

circumstances, in the report of Joint Registrar of

Cooperative Society, he has recommended for taking

appropriate action under Section 27(A) of the Act, 1960.

He submits that since there are two contrary reports

available on record, this Court may appoint an

independent enquiry officer and direction may be issued to

hold an enquiry in accordance with law with regard to the

affairs of the society.

10. Per contra, learned Senior Counsel appearing for

contesting private respondents submits that attempt is

made to re-open the dispute, which has already been

adjudicated in the earlier round of litigation. He submits

that pursuant to the order passed by this Court in WP

No.202609/2017, the respondent No.2 has filed a report

dated 06.09.2021 vide Annexure-AM, in which he has

answered all the contentions urged by the petitioners

herein and has observed that the parties are required to

approach the Civil Court for adjudication of their inter-se

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dispute with regard to the management of the society. He

submits that Division Bench of this Court had closed two

writ appeals after recording that elections have been held

in accordance with law to the society. He submits that

election results have been produced before respondent

No.2 along with list of elected members and the same has

been accepted. He submits that by suppressing the

material facts, interim order was sought in the writ

petition and on the strength of the interim order,

petitioners have been interfering with the administration of

the society and elected body is sought to be kept out.

Accordingly, prays to dismiss the petition.

11. The Joint Registrar of Cooperative Societies is not

an authority under the provisions of the Act, 1960 and

therefore, he had no jurisdiction to entertain the complaint

of petitioner Nos.1 and 5 herein and submit the report,

dated 10.01.2025 as per Annexure-AU. Based on such a

report, an attempt is made by the petitioners to reopen

the dispute between the parties, which was decided in WP

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No.202609/2017. Pursuant to the order passed in WP

No.202609/2017, respondent No.2, who is the competent

authority under the Act, 1960 has held an inquiry and a

report is submitted on 06.09.2021, which is produced

along with Annexure-AM to this writ petition. Undisputedly,

the said report has attained finality. In view of the said

report, WA No.200049/2021 was disposed of by this Court

by order dated 20.12.2021. Therefore, the first prayer

made by the petitioners cannot be granted.

12. The prayers made in the writ petition virtually

amounts to seeking modification of the order dated

19.10.2020 passed in WP No.202609/2017, against which

petitioner Nos.1 and 5 herein had filed WA

No.200049/2021, which was disposed of without

interfering with the order passed in WP No.202609/2017.

While disposing of WA No.200049/2021, the Division

Bench of this Court has taken note of the fact that two

elections were held pursuant to the interim order dated

08.03.2021 passed in WA No.200026/2021. Along with his

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statement of objections, the respondent has produced

document, which would go to show that the audit report,

general body meeting proceedings and list of elected

members to the governing council of the society was

received and accepted by the respondent No.2 for the

years 2021-22 to 2023-24 and 2024-25 to 2026-27. In

view of the aforesaid, the prayer of the petitioners herein

to issue a writ of mandamus directing the respondents to

continue the committee, which existed as on the date of

filing of WP No.202609/2017 is also totally misconceived.

13. A further prayer is also made to issue a writ of

mandamus to implement the report of the Joint Registrar

of Cooperative Societies dated 10.01.2025 vide Annexure-

AU, which is issued by him without jurisdiction. In view of

the aforesaid, it is apparent that petitioners, who have lost

in all the earlier rounds of litigation, having not challenged

the report of the respondent No.2 dated 06.09.2021 vide

Annexure-AM, have filed this writ petition seeking relief

based on the report of an incompetent authority. The

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prayers made in this writ petition are frivolous and

misconceived. It is submitted that, on the strength of

interim order passed by this Court, the petitioners have

meddled with the administration of the society and tried to

keep out the elected body. Therefore, the petitioners have

virtually abused the process of the Court. Under the

circumstances, I am of the opinion that this writ petition is

liable to be dismissed with exemplary costs.

14. Accordingly, the following:

ORDER

i. The writ petition is dismissed with cost

and the petitioners shall pay cost of

Rs.10,000/- each to 'Advocates

Association Library Fund, High Court of

Karnataka, Kalaburagi Bench,

Kalaburagi'.

ii. The cost shall be deposited by the

petitioners within a period of four weeks

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from the date of receipt of copy of this

order, failing which, the same shall be

recovered as arrears of land revenue by

the competent authority.



      iii.    A show cause notice shall be issued by

              competent      authority      to   the     Joint

              Registrar    of    Co-operative     Societies,