The High Court · 2025

1. Peddolla Chandrashekar' S/o P Ravl Kishore' Aqe 49 years' Occ' Agriculture, nlo rrat"rtrl'sti'-o atock' Saniana Courtyards' Kandlakoya' Medchal-Malkajgiri District' 2. Gummadi sriral, Sii'"6ummadi prasad, Age 32 vears, occ Private Employee, alo rr'i"ruo-ioz' C atock' Sanjina Courtyards' Kandlakoya' Medchal-Malkajgiri District' 3. M.Ram chandra *ffi;'' s/ Thlmma. Reldv, Aoe 34 vears' occ Private Employee,nlorl'l"ills6e'r'r'aro"k'sanlana-Courtyards'Kandlakoya Medchal-Malkajgiri District' 4. M.Swamy' Slo naman;neyulu' Age 37 years-' Occ Private Employee' R/o Flat No 501 e aro.[,"ill;;r';;rnyarai. Kandlakoya, Medchal-Malkajgiri Age 32 vears' occ Private Employ"" d"'rrli rtr" )oi"o sro"r' Sa"nlana Courtyards' Kandlakoya' Medchal-Malkajgiri District' 6. S.Ramana n"OoV Slt'Iute S Linga Reddy' Aoe 45 years' Occ pnv -i eLtr' sanlanl courtvards' Kandlakova' emplovee, nlo rrai'ilo7ii' , V?t":::1.,YiJ*'i<tj'lR;,:t..'ti"y V s s shastry, Ase 36 vears, .occ . Ser Employeed. nlo rral'r'rJJor' i etock' saniala Courtyards Kandlakoya' Medchal-Malkaigiri District' 8. Rampally Shankar;;il S/o Rampally Ramesh Aoe 4lvears' occ Private Emplovee, R/" F;i'li;;ri"-C eiott' sanjana 6ourtvards' Kandlakova' Medchal-Malkaigirl District' 9. B.Ganesh, s/. B ih;;#, Age 40 years' occ Private Employee' R/o Flat No.412, o ero"r,"3";","n'''6o"tv"ot' Kandlakoya' Medchal-Malkaigiri District. .....'ETITIONERS AND

1. The State of Telangana, Rep' by its Principal Secretary (Co-operation 2. The Telangan, st't" Coop"rativ.e Election Authority' O/o 3rd Floor' - Department), Secretariat, Hyderaoao' Gruhakalp-a Building' Nampally' Hyderabad' Telangana' I i I I I i 1 he Drstrict co-operative.officer/Deputy Registrar. o/o rntegrated District fice Complex Buitdinq, Medcn"I li"O'"fr"r]n/"rtiajgrri District .,e Assista nt ReqistrarjFiero, G;;ioi; Dirl,L?to-oo".rtive officer, District office corpru* a,lji;;; r;#;, Medchar_Markajgrrr 51::::?*. il:".5:i'ilTghi..dllYlJ'ravan Rao)' R/o lze' North Avenue, Kompailv, s""i"tvLto";i:;;;;il3,lJ,T."lTf /[fl :tl3:::"3;11,."'iJi,:::1r? Ka ndtakoya Viila ge. Medchaf fr4rf krlgiri;ir;r; """ t tj. Sanjana Courtyard Flat ( ...,.RESPONDENTS Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a w't' order, or direction, more particurarly one in *re nature of writ of Mandamus decraring the erection conducted on 10.12.2023for Board of Directors of Respondent No 6 Society arowing proxy votes and viorating the bylaws No. i 3 and 21 of Respondent No.6 Society as illegal, arbitrary and contrary to the provisions of rerangana state Mutuary Aided cooperative a rre s h e ect o n,", *u,;'nuo:::'l: :':: j[iffi' f ']:.1jf j' # T: Societies Act, .l 995 and cc byelaws of the society and in Accordance with Terangana ,vlutuary Aided Cooperative Societies Act, 1995. I.A.N O:1 OF 2025 Petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to suspend the body of Respondent No.6 Society and direct the Respondents No.2 to 4 to appointing officer to run the administration of the Respondent No.6 society till fresh erection are conducted pending disposar of the above writ petition. Counset for the petitioners : SRI c.RAJESHWAR RAO Counsel for the Respondent Nos.1 to 5 : Gp FOR COOPERATION Counsel for the Respondent No.6 : SRI L.ARVIND REDDY The Court made the following ORDER t'lt THE HON'BLE SMT. JUSTTCE T' MADHAVI DEVI WRIT PETI TION No.2 9 54 oF2025 ORDER: In this Writ Petition' the petitioners are challenging the Election held on 10.72'2023 for Board of Directors for Respondent No 6 Society allowing proxy votes and in violation of byelau's No 13 and 2l of Respondent No'6 Society and consequently to clirect the respondents No.2 to 4 to conduct fresh Elections strictly in accordance with the byelaws of the Society and to pass such other order or orders' 2. Heard learned counsel for the petitioners' lcarncd Government preader for cooperation, appearing for respondents No.1 to 4 and Mr.L.Arvind Reddy, learned counsei appearing for respondent No'6 Learned counsel for the petitioners submitted that the Society 3. was formed on O9'O1'2023 As pr:r the b5zelaw No'13 adopted by the Society and approved by the Registrar of the Co-operative Societies' proxy votes are not allowed in Elections and byelaw I{o'21 also provided for Election of Board of Directors at the first instance 1f i16 512ggered terms and tkre term of the Directors was to be decided by drawl of lots specifying different terms and thereafter' the Election to the Board of Directors is to be conducted before expiry of lhe term of Board of Directors' lt is further submitted that in this case' both the byelaws have been violated' \

4. Respondent No.3 has filed coirnls. affidavit stating that Eiection has been conducted violating the byelau,s. In paragraph No.S of the counter affidavit, it has been stated as under:- . .i... :,- l "h) The Election Offtcer has conductecl electiort clirectly to tlte offtcer Bearer posts tuhich is incorr. ect, as all the Board of Directors haue to be elected initialg and sttbsequentlq the Office beerers are to be elected bg the Board of Directors os per the prouisions of Ilgetaw No.21 oJ' the societg. (ii) The Dlecti.on offic.er has faited. to cleclqre the staggered tenns of the Board of Directors bg dratol of lots. (iii) 'fhe Election Offtcer has allouted (54) protg Voters in th.e saici eiection uthich is a uiolotion of the Bgelau No. 13 o.f the societq. (iu) The Election offtcer has conducted election to 1O Board of Directors as against tlle (g) Board. of Directors on the Board cLs per the Bgelaut No.22 of tIrc societA.,, Thcrefore, :rccording to the 3rd respondent, trlcction has nol been held in accorclance with the byelaws.

5. Responder.rt No.6 has filecl counter affidavit and the learned counsel for the 6d, respondent has drawn attention ot. this Court to the amendment of bl.elaw No.21 in the General Body meeting held on 05.11.2023. Therefore, according to him, there is no violation of byelaw No.21. As regards voting by proxy is concerned, he submitted that the Petuglrers 'have also participated in the meeting in which it was agreed to conducl voting by proxy and the Election Officer has agreed for the / / /r 3- same. Therefore' according to him' the petitioners cannot turn around and chailenge the sarne at this stage ' 6. Having regard to the rival contentions and the material on record' this Court frnds that byelaw No 13 was not amended by the respondents and byelaw No'13 prescribes that the voting shall be done by the mernbers oniy and proxy voting shall not be allowed Such being the case' byelaw No 13 cannot be violated' The trlection ought to have been held in accordance with byelaw No'13 i'e ' in person by only tkre owner/ member whose name is the hrst in the share certihcate and not by anybody else' voies shall be cast

7. In view thereof' the Election for the Board of Directors conducted ort lO '12 '2023 is liable to be set aside and respondent No 6 shall re- conduct the Election strictly in accordance \^'ith byelaws' 8. Accordingly' the Election conducted ort lO '12 '2023 is set aside and the Writ Petition is allowed and the trlection shall be conducted within a period of one (01) month from the date of receipt of a copy of this order' Learned counsel for the petitioners submitted that the term of the present Board of Directors is going to expire in Lwo months' therefore, Elections have to be heid again after expiry of two months and therefore' they may be permitted to complete their term and Elections can be held for the next term This Court is of the opinion that Election held in violation of byeiaws cannot be sustained or -4 a f' allowed. Therefore, it is made cleq1 11-i.1 tenure ol-the Directors who shall noir, be elected shall be for a p61io6 of three years and further Elections shall be held thereafter. There shall be no order as to costs. 9' Misce lianeous applications, if any, pending in this writ pe tition stand closed //TRUE COPY// SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR G.._ SECTION OFFICER To

4. "r"at; o-operation Department), Secretariat, State of The Principal Secretarv. (C Telangana at Hvderabict The Telangana State Coooeratjve Election Authority, O/o 3rd Floor, 9J y k l : I p g B u i I d i n g. N a ni p a I i/, i y; I he urstricr Co-operative officertoeputy n;'g"i;;;.,Oi; tntegrated District Office Complex Building. I\4edchal Medchal_Malkaiqiri District. rhe Assistant ResistrarTFietd. M;;.il;iol; D;;ir#rd ;p"r"trve officer, Diskict office Comptex aritoing, lrrJj""n jii"o.hat_Markajgtrt B,::fl :?"0 ;, ;; ;";;,; ; i:".5:it^fJ,3[i?'d,llYi}'ravan Maintenence Socieiv Ltd t Rao)' R/o 17e, North Avenue, Komparv, 6. I he Chairman. Saniana,Courtyard Flat Owners tVlutually Aided Cooperative _ Kandlakoya Viilage,'Medchaf fr4af iarqiii di-.iri.t", ''' t,ir"f cooFenliroi'r',' ilidil'blrrt ror the state or reransana ' L-,:,r3"til"rf i; Eii ii [ 3[i3ffi,,i,'#Htr ?f;d**?:?BJBBy., p.iJor,rr,Ii c;il, S;:t; 191 and 204, .T

10.Two CD Copies SA BS t, _, ryr' ., HIGH COURT DATED:09109t2025 ,/,6"=, S lr, rs ii ,j \,5 \..:.2 1 E E5 P 2ffi a C) * O6 s I I I I I i I I I ORDER WP.No.2954 of 2025 ALLOWING THE W.P WITHOUT COSTS. I I @,' 1 6 \ DI q