H.Balraj vs State Of Telangana
2021 Latest Caselaw 4246 Tel

            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

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

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

(2001) 8 SCC 509

(2009) 1 ALD 675 (DB)

(2021) 3 ALD 105

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.

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

THE HON'BLE SRI JUSTICE T. VINOD KUMAR

WRIT PETITION NO.33252 OF 2021

10.12.2021

MRKR