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2026 DIGILAW 19 (KAR)

Indian Co-Operative Credit Society Ltd. v. Central Registrar Of Co-Operative Societies The Office Of The Central Registrar Of Co-Operative Socieiteis Ministry Of Agriculture And Farmers Welfare, Department Of Agriculture, Co-Operation And Farmers Welfare Krishi Bhavan, New Delhi

2026-01-05

ASHOK S.KINAGI

body2026
ORDER : Ashok S. Kinagi, J. The petitioners have filed this petition seeking the following reliefs: "i) Issue a writ of certiorari or any other appropriate writ quashing Order bearing No.L.11015/4/1994-L & M dated 26.09.2017 issued by the Central Registrar of Cooperative Societies by respondent No.1 produced as Annexure-F; ii) Issue a writ of certiorari or any other appropriate writ quashing Order bearing No.L- 11014/67/2017-L & M dated 25.05.2018 issued by the Appellate Authority respondent No.2, produced as Annexure-H; iii) Issue a writ of mandamus or any other appropriate writ directing the respondent No.1 to register the amendments to the bye-laws of the petitioner No.1 as per the application dated 31.10.2016 produced as Annexure-D; (iv) Award costs of the petition; and (v) Pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.” 2. Brief facts leading rise to the filing of this writ petition are as follows: Petitioner No.1 is registered Society under the provisions of Multi-State Co-operative Societies Act, 2002 (for short ‘the MSCS Act, 2002’) as a Multi State Co- operative Society on 20.08.1998. On 28.09.2015, the Annual General Meeting of the petitioner-Society inter alia changing of registered office was held and the changed registered office of the Society was updated in the official website of the respondent. On 23.09.2016, Annual General Meeting of the Society was held in which there was a proposal to amend the bye-laws. The proposed amendments to the bye-laws were submitted for registration of respondent No.1 on 31.10.2016. Respondent No.1 rejected the application for proposed amendment to the bye-laws on 26.09.2017 on the ground that the petitioners-Society came to know that respondent No.1 initiated winding up proceedings. The petitioners’ aggrieved by the order dated 26.09.2017, preferred an appeal before respondent No.2 under Section 99(1)(b) of the MSCS Act, 2002. Respondent No.2 dismissed the appeal and confirmed the order dated 26.09.2017 by its order dated 25.05.2018. The petitioners, aggrieved by the order passed by respondent No.1 dated 26.09.2017 and the order passed by respondent No.2 dated 25.05.2018, filed this writ petition. 3. Heard Sri K. Shashi Kiran Shetty, learned Senior counsel for the petitioners and also the learned counsel for the respondents. 4. Learned Senior counsel for the petitioners submits that respondent No.1 committed an error in rejecting an application for approval of the proposed amendment. 3. Heard Sri K. Shashi Kiran Shetty, learned Senior counsel for the petitioners and also the learned counsel for the respondents. 4. Learned Senior counsel for the petitioners submits that respondent No.1 committed an error in rejecting an application for approval of the proposed amendment. He also submits that the winding up of proceedings has been set aside by this Court in W.P.No.31007/2018 vide order dated 15.12.2025. He also submits that the petitioner-Society will hold a meeting within 60 days. He submits that in view of the communication dated 29.12.2025, vide Annexure-P3 produced today i.e., on 05.01.2026 along with the memo. He submits that the petitioner- Society will convey the General Body Meeting, and prepare the electoral rolls as on 31.03.2025, conduct the election and regarding submission of the proposal of amendment of bye-laws to align them with MSCS Act & Rules (Amended). Hence, in view of the communication dated 29.12.2025, he prays to allow the writ petition. 5. Per contra, learned counsel for the respondents submits that, in view of the communication dated 29.12.2025, the writ petition may be disposed off. 6. Perused the records, and considered the submissions of the learned counsel for the parties. 7. It is an undisputed fact that the petitioner-Society was registered under the provisions of Multi-State Co-operative Societies in 1998. On 28.09.2015, a Annual General Meeting of the petitioner-Society was held for changing of registered office. The resolution was passed and also on 23.09.2016, Annual General Meeting of the Society was held and it was resolved to amend the bye- laws of the Society. The resolution was forwarded to respondent No.1 for approval. Respondent No.1 rejected the said application on the ground that winding up proceedings are pending. The petitioners aggrieved by the order dated 26.09.2017 passed by respondent No.1, preferred an appeal before respondent No.2. Respondent No.2 dismissed the appeal, and confirmed the order passed by respondent No.1 i.e., rejecting application for approval of the proposed amendment vide order dated 25.05.2018. During the pendency of this writ petition, the respondents have issued a communication to the Registrar of Co-operative Societies, Government of Karnataka dated 29.12.2025 vide Annexure P3, where the communication reads as follows: 9th Floor, Tower-E, World Trade Center, Nauroji Nagar. Delhi-110029 Dated: 27 December, 2025 To The Registrar of Cooperative Societies Ali Asker Rd, near Raj Bhavan, Karnataka, Govt. During the pendency of this writ petition, the respondents have issued a communication to the Registrar of Co-operative Societies, Government of Karnataka dated 29.12.2025 vide Annexure P3, where the communication reads as follows: 9th Floor, Tower-E, World Trade Center, Nauroji Nagar. Delhi-110029 Dated: 27 December, 2025 To The Registrar of Cooperative Societies Ali Asker Rd, near Raj Bhavan, Karnataka, Govt. of Karnataka Vasanth Nagar, Bengaluru, Karnataka 560052 Email-res-kautnic.in Sub.: Conduct of Annual General body Meeting of Indian Cooperative Credit Society Limited. Bangalore (Karnataka) under Section 39(2) of MSCS Act. Sir, A requisition to hold election, three months after the expiry of the tenure of board, was received in the office of Cooperative Election Authority(CEA) from a multi-state cooperative society by Indian Cooperative Credit Society Limited, Bangalore (Karnataka), ICCSL, I Floor, 111, Ganesh Towers, Infantry Road, Bangalore-560001,-bearing registration number MSCS/CR/77/1998. As per MSCS Act such a requisition should have been submitted six months before the expiry of the tenure of the board. In order to have democratically elected board, this delay has now been condoned by the competent authority. 2. As there is no subsisting board in the society as per provisions of the Act, a person authorized by CRCS needs to convene AGM under Section 39(2) of MSCS Act with purpose of conduct of election under the supervision of Cooperative Election Authority 3. Therefore, it is requested that an officer of adequate seniority (Deputy registrar or above rank) from your department may be nominated to convene the General Body Meeting with inter-alia, following agenda: i. Preparation of Election Roll as on 31/3/2025. ii. For Conduct of Election by CEA. iii. Submission of proposal of amendment of bye-laws to align them with MSCS Act & Rules (Amended). 4. The entire exercise of convening meeting and passing of resolution as at (i & ii) above should be completed in 45 days after appointment of the officer for the purpose. After completion of AGM and submission of report along-with electoral rolls by the designated officer, election schedule will be issued by CEA. 5. In order to have continuity in implementation of decision of AGM and to conduct of elections, the same officer will act as Assistant Returning Officer (ARO) for the election of the Society, to assist the Returning officer (District Magistrate/Collector of the district where Head Office of the Society is located). 6. 5. In order to have continuity in implementation of decision of AGM and to conduct of elections, the same officer will act as Assistant Returning Officer (ARO) for the election of the Society, to assist the Returning officer (District Magistrate/Collector of the district where Head Office of the Society is located). 6. The designated officer would also perform the following duties & responsibilities in addition to Para 3/4 above: (a) Get the meeting notice issued through CEO of the Society for the AGM at the principal place of the Society as per Rule 13(1) and Rule 15(3) of MSCS Rules. (b) Direct CEO to submit Fact Sheet and countersign it. (copy of Fact Sheet enclosed). (c) Submit a detailed report to CEA along with copy of resolution passed in AGM. Report shall contain details of: i. Date, time and venue of the meeting. ii. Number of members attended the meeting. iii. Total membership as on 31.03.2025. iv. Details of quorum 7. The designated officer shall be entitled for Rs 10,000/- or 3 days of basic pay, whichever is less, as honorarium for convening of Special AGM and the expenses shall be met by the Society. 8. The election of the society shall be subject to the outcome of the judgements of Hon'ble High Court of Karnataka at Bengaluru in WP No. 31007-31008/2018. 9. This issues with the approval of Central Registrar of Cooperative Societies and Cooperative Election Authority. 8. From the perusal of the communication dated 29.12.2025, it is clear that as there is no subsisting board in the society as per the provisions of the Act, a person authorized by CRCS needs to convene Annual General Meeting under Section 39(2) of the Act of 2002 with the purpose of conduct of election under the supervision of Cooperative Election Authority, and also requested the officer of the adequate seniority (Deputy Registrar or above rank) from the department may be nominated to convene the General Body Meeting with inter-alia, following agenda: i) Preparation of Election Roll as on 31.03.2025. ii) For conduct of Election by CEA. iii) Submission of proposal of amendment of bye-laws to align them with MSCS Act and Rules (Amended). 9. The entire exercise of convening the meeting and passing of resolution as at (i and ii) should be completed within 45 days after appointment of an officer for the purpose. ii) For conduct of Election by CEA. iii) Submission of proposal of amendment of bye-laws to align them with MSCS Act and Rules (Amended). 9. The entire exercise of convening the meeting and passing of resolution as at (i and ii) should be completed within 45 days after appointment of an officer for the purpose. From the perusal of the records, it is clearly discloses that the petitioners shall submit the proposal for the amendment of bye-laws to align them with MSCS Act and Rules, and further the winding up of proceedings has been already quashed by this Court in W.P.No.31007/2018 disposed of on 15.12.2025. In view of the disposal of the writ petition in W.P.No.31007/2018, there is no legal impediment for respondent No.1 to consider an application for the approval of the proposed amended bye-laws. For the purpose of considering the communication dated 29.12.2025, and the order passed by the Co-ordinate Bench of this court in W.P.No.31007/2018, the impugned orders vide Annexures F and H are liable to be set aside. 10. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is allowed ii. The impugned orders vide Annexures - F and H are hereby quashed. iii. Respondent No.1 is directed to consider the application of the petitioners in terms of the communication dated 29.12.2025. iv. Pending applications, if any, stand disposed off accordingly.