THE HON'BLE SRI JUSTICE T. VINOD KUMAR
WRIT PETITION NO.33252 OF 2021
ORDER:
This Writ Petition is filed to declare the action of the respondent Nos.3 to 6 in not following the mandatory provisions of Telangana Co-operative Societies Act, 1964 (for short "the Act") and Rules, 1964 (for short "the Rules") made thereunder, more particularly Rule 22 of the Telangana Cooperative Societies Rules in preparation of Voters List of the 6th respondent society, as illegal and arbitrary.
2. Heard learned Counsel for the petitioner, and learned Government Pleader for Cooperation and Sri Hemendranath Reddy, learned Standing Counsel appearing for M. Prateek Reddy, learned Counsel appearing for the 6th respondent and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. Petitioners contend that they are the members of the 6th respondent society and without there being any notice to them and without following the procedure prescribed under the Telangana Cooperative Societies Act, 1964 their names have been deleted from the eligible members, as a result of which, they are also deprived from taking part in the elections of the society. It is further contended that the notice dated 18.11.2021 issued by the 5th respondent calling for objections on the list of members eligible to vote at the ensuing meeting of the 6th respondent society was not displayed in a conspicuous place of the society where the 6th respondent society office is housed at, but on the other hand, was 2 displayed in the cellar of the building. As a result of the same, the petitioners could not file their claims within the time mentioned in the said notice. However, on coming to know of the same, the petitioners approached the 4th respondent and submitted their objections within three days, after the expiry of the said date.
4. The petitioners would further contend that they are the members of the 6th respondent society and continue to be the owners of the plots either by themselves or by gifting the same to the grand children, but, have not sold the same as is sought to be claimed by the present Managing Committee, and thus the exclusion/omission of their names from the voters list is illegal.
5. In support of its contentions, learned Counsel for the petitioners places reliance on the judgment of this Court in W.P. No.14099 of 2020. It is also contended that the procedure prescribed under Rule 22 of the Telangana Cooperative Societies Rules is to be followed mandatorily and non-adherence to the said procedure would vitiate the entire powers of conduct of elections.
6. Learned Senior Counsel appearing for the 6th respondent society on the other hand seeks to contend that the petitioners were the erstwhile members of the society and ceased to be the members of the society on account of they selling of their plots. Further, it is also contended that if the petitioners are aggrieved by the action of the respondent authority in preparing the voters list, the remedy available to the petitioners is to approach the Co- operative Tribunal under Section 61 of the Act.
7. Learned Senior Counsel would further contend that based on the representation submitted by the petitioners to the 4th 3 respondent, the necessary action has been taken by calling for the information from the 6th respondent society and the authority has passed the order on 02.12.2021 and therefore, if the petitioners are aggrieved by the said proceeding issued by the 4th respondent, they needs to challenge the same.
8. Learned Senior Counsel would place reliance on the judgment of the Hon'ble Apex Court in Shri Sant Sadguru Janardan Swami n (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra1, and the judgments of this Court in Gudivada Co-operative Urban Bank Ltd., Gudivada, Krishna District v. Sheik Mahaboobi2 and Surthi Venkatesh v. Election Committee3 to buttress his contentions.
9. I have taken note of the submissions made by the counsel on appearing for the parties. The issue involved in the present Writ Petition relates to inter se dispute between the members of the society. As per the provisions of Section 61 of the Telangana Cooperative Societies Act, in respect of such dispute, appropriate course is to invoke the jurisdiction of the Tribunal under Section 61 of the Telangana Cooperative Societies Act. However, mere existence of an alternative remedy would not bar the jurisdiction of this Court for entertaining a petition under Article 226 of the Constitution of India as no notification is issued in relation to conduct of elections.
10. It is not in dispute that the petitioners on learning about their names being excluded/omitted from the eligible members list 1 (2001) 8 SCC 509 2 (2009) 1 ALD 675 (DB) 3 (2021) 3 ALD 105 4 as put up by the 5th respondent under the cover of notice dated 18.11.2021, submitted their objections to the 4th respondent by making representations dated 27.11.2021 and 28.11.2021. Upon the petitioners making such representation, the 4th respondent forwarded the same to the 5th respondent on 29.11.2021 for taking necessary action thereon. It is upon receipt of the above communication from the 4th respondent, the 5th respondent had called for information from the 6th respondent and passed order dated 02.12.2021. However, a reading of the proceeding dated 02.12.2021 issued by the 5th respondent, do not indicate the same to have been passed by the said authority by forming his own opinion by considering the complaint made by the petitioners and the information furnished by the 6th respondent society in its proper perspective.
11. In view of the above, this Court is of the view that, since the election process has not been commenced, a direction can be issued to the 5th respondent to consider by himself the objections of the petitioners to the voters as list prepared by the 6th respondent society in terms of the provisions of Rule 22 of the Co- operative Societies Rules in its correct perspective and take a decision thereon before finalizing the voters list. Considering the fact that the term of the 6th respondent society expires by 30.12.2021, the 5th respondent shall endeavour to complete the exercise as directed above, within a period of one week from the date of receipt of a copy of this order.
12. Subject to the above direction, the Writ Petition is disposed of. No order as to costs.
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Miscellaneous petitions pending, if any shall stand closed.
_______________________ (T. VINOD KUMAR, J) Date: 10.12.2021.
Note: Issue copy by 11.12.2021.
B/o MRKR 6 THE HON'BLE SRI JUSTICE T. VINOD KUMAR WRIT PETITION NO.33252 OF 2021 10.12.2021 MRKR 7