High Court · 2025
Case Details
Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the 4th RespondenU Official Person-in- charge in not considering the representation of the petitioner dt.3'l l0'l12024 and failed to inclusion of eligible members as voters and to remove the disqualified members from the voters list of the HA Employees Co-op Housing Society Ltd., as arbitrary, illegal, iniquitous and divergence to the procedure and violation of principles of principles of natural justice and contrary to Rule 22 (6) ot TS Co- operative Societies Rules, '1964 and consequently direct the 4th Respondent to prepare the eligible voters list based on the admission Register and lD Card Registers submitted to the PIC on 06/05/2015 and 241512015 by Petitioners by removing the disqualified members in terms of the orders of the Co-operative Tribunal passed in OP No.23 ot 16 dt.2311012020 and CTA No BT ot t2011 dt.19/6/2013 in the interest of justice and equity. lA NO: 1 OF 2024 Petition under Section 'l 5'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the. 4thRespondenVOfficial PIC of the HA Employees Co-op Housing Society Ltd., to prepare the final voters list of the HA Employees Co-op Housing Society Ltd., taking the findings of the Co-op Tribunal Orders in OP No.23 ot 16 dt.23t10t2120 and the order of passed in CTA No.B7 of /2011 dt.1g-6-2013 and based on the Admission and lD card Registers submitted to the official person ln-charge of the society on 06/05/20'15 and 24/512o15 pending disposal of writ petition in the interest of justice and equity lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the additional documents filed in W.P.No. 3072 of 2024 and to take it on record- lA NO: 5 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the order in 1.A No. 1 ot 2024 in W.P No. 3072 of 2024 dt.06.02.2024 and dismiss W.P No. 3072 of 2024 as the same is devoid of any merit either on law or facts and may be pleased. lA NO: 6 OF 2024 Between:
1. G.T. Shanker Rao, S/O G. Subrahmanyam, aged About 62 years, Occ Retd Employee, H. No. 303, Classic Enclave, H. No. 1-1-509/A,/303, Gandhinagar, Hyderabad.
2. R.D. Nageswara Rao, S/o R. Subba Rao, aged about 59 years, Occ Employee. Flat No. B1308, Lodha Meridian, KPHB sth Phase, Kukatpally Hyderabad.
3. P. Uma Maheswara Rao, S/o P. C Sekhar Rao Aged About 62 years, Occ. Retd Employee H. No. 5-66/10/16/1, Sai Chandra Colony Near, Dommayaguda, Keesara Mandal Medchal District. ...PETITIONERS/ RESPONDENTS No.9 TO 11 AND
1. Sri. G.Ramavatharam, Sio. Banaiah Aged 70 Years, Occu Rtd.Employee, Rl/o.F.No.303, Sri Tirumala Towers, Vanitha Colony, Chinnathokatta, New Bowenpally, Secunderabad-500 01'1 State of Telangana Sri. T.Narsing Rao, S/o. T.Pakeeraiah, Aged 69 Years, Occu Ex-Employee of HAL, R/o. H.No.292, Comsary Bazar, New Bowenpally, Secunderabad-S00 011 State of reransana dil[r3gf,+3=*tEg
3. The State of Telangana, Rep. by its Principal Secretary, Agriculture and Co- operative Department, Secretariat, Hyderabad State of Telangana
4. The Commissioner for Co-operation and Registrar of Co-op Societies, State of Telangana, 3rd Floor, Gruha Kalpa, Nampally, Hyderabad State of Telangana
5. The D-eputy Registrar/District Co-operative Officer, District Co-Operative Office, lntegrated Collector Office Antaypally, Shameerpet, Medchal-Malkaj2iri District State of Telangana 7 6. The Person-ln-Charge of HAECHS Ltd., (TBC-269), Rep.bv its. Deourv Road No. 5 Near Malbar Gold Shop KPHB Colonv Kukatoittv. Regislrar/Audit section lntegrated Collector Office Antaypally, Sharheerpet, Medchal-Malkajairi District State of Telanoana 7. M. Madhusudhina Rao, S/o M. Meera Ra-o aged 74 years, Occ Emolovee Rl/o 8. M. Abdul Nabi. S/o M. Fakruddin, Aqed about 70 Vears, Occtmolovee. R/o - - H.No. 5-301 S R Naik Nagar, tDA Jeedimetla eutlbutaour. RA;d;;6Jd, 9. K G.K. Sarma, S/o K.K.S. Sastry Aged about 70 years,'Ocb emdfovee.'ruo F.lat No 223 slarlite Apartments patwari Enclaveopposite iopi 6ol6nv'einoni Nagar Qutubulapur. l0.Lakshmi N Rao, W/o Thirunagari Narsing Rao, Aqed about 74 vears Occ Emptoyee R/o 3-5-43/1 P. No. g24l1, Vivekanandl NagarCoto'ny, f<uiitpaffy nsspor'r#Erfrlo#.?,ETISJ Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to vacate the order in I .A No. 1 of 2024 in w.p No. 3072 of 2021 dt. 06.02.2024 and dismiss w.P No. 3072 of 2024 as the same is devoid of any merit either on law or facts and may be pleased. Counsel for the Petitioner: SRI MAGHAM MALLIKARJUN REDDy Counsel for the Respondent Nos.1 TO 4: ADDL ADVOCATE GENERAL Counsel for the Respondent Nos.S TO 8: SRI KARTHIK MADHANU Counsel for the Respondent Nos.9 TO 11: SRI PRAMOD MALtGt W.P.NO: 3553 OF 2025 Between: 2 1 U...fMa.d.lqsl.'{hana Rao, S/o. M. Meera Rao, Aged about 75 years, Occ Bgtire^d_lne Employee, R/o. LtGH-648, KPHB Cotdny, Xutial-patty,'UVOeiaO"'j -500 072 !f. Raghunandana Rao, S/9. y,!1, Sarma, Aged about 74 years, Occ Retd. lmptoyee,.R/o Ptot No. '1, H.No 49-1i2, -padmanagar boto-riv, Ffrii-e'_'i, Balanagar, Hyderabad. K.K.D. Prasad, Sro. late K. Butchaiah, Aged about 6g vears. Occ Retd Employee, Rt/o. Ftat No. 304, Ctassic Residdncy, lrrflC- S73 inO ii+, k.p.iie. Colony, Kukatpally. Hyderabad- SOO O7Z. A. Mohan Rao, S/o. late A Raja Rao, Aged about 77 years, Occ Retd. Employee, Ri./o. H.No 10-4-38, Fathenagdr, {yderabad _ SOdOia.' 4 AND ...PET|T|oNERS 1 2 The State of Telangana, Rep by its principal Secretary, Agricultural and Cooperative (Coop;i-t I ) bepbrtrirent, #;6Grat, Rii. k. n."e hi;a r,' -"" Hyderabad The Commissioner and Registrar of Cooperative Societies, Gruhakalpa, Nampally, Hyderabad 7 3. The Telangana Cooperative Election Authority, Rep by Additional Registrar, 0/o. The Cbmmissioner and Registrar of Cooperative Societies, Gruhakalpa, Nampally, Hyderabad.
4. The District Cooperative Officer, Medchal-Malkajgir District. 5. The Official Person-ln-Charge, Hindustan Aeronautics Employees Co- operative Housing Societies Ltd, (TBC-269), Balanagar, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any order, direction or Writ, more particularly in the nature of Writ of lMandamus declaring the actions of the Respondents in failing to conduct the elections to the Managing Committee of the Hindustan Aeronautics Employees Cooperative Housing Society Limited OBC-269) in a timely manner and failing to consider the representation of the Petitioners as being arbitrary, unco nstitutio nal and in violation of the orders in W.P. No. 31724 of 2021 , dt. 02.12.2021 and W.P. No. 13896 of 2022, dL.26.09.2022and the provisions of the.Telangana Cooperative Societies Act, 1964 and consequently direct the Respondents to conduct the elections of the Managing Committee of the Hindustan Aeronautics Employees Cooperative Housing Society Limited (TBC-269) in pursuance of the orders passed by this Hon'ble High Court in W.P. No.31724 of 2021 , dt. 02.'l2.2o21and W.P. No. 13896 of 2022, dt. 26.09.2022 and in a time bound manner preferably within four weeks. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to forthwith conduct the elections to the Managing Committee of the Hindustan Aeronautics Employees Cooperative Housing Society Limited (TBC- 269) in pursuance of the orders passed by this Hon'ble High Court in W.P. No. 31724 of 2021 , dt.02122021: &W.P. No. '13896 of 2022, dt.26.09.2O22; in a time-bound manner. Counsel for the Petitioners: SRI ABHISHEK.N Counsel for the Respondent Nos.1 TO 4: GP FOR COOPERATION Counsel forthe Respondent No.5: - The Court made the following: COMMON ORDER THE HON'BT,E SMT. JUSTICE T. MADHAVI DEVI WRTT PETITION Nos.3072 of 2024 and 3553 OF 2025 COMMON ORDER: Since both the writ petitions are filed seeking to conduct the election to the Managing Committee of the Hindustan Aeronautics Employees Cooperative Housing Society Limited in a timely manner, both the writ petitions are heard together and are being disposed ofby this common and consolidated order.
2. On the earlier occasions, Writ Petitions were filed seeking directions to conduct elections to the Managing Committee of the Hindustan Aeronautics Employees Cooperative Housing Society Limited and this Court had already directed the respondent authorities to conduct elections, however, the elections were not conducted for one reason or the other. Challenging the inaction, the present writ petitions have been filed.
3. Learned Government Pleader for Cooperation has produced the copy of the notice vide Rc.No.282812024-H, dated 18.02.2025, whereunder the Registrar has called for objections from the members of the society on the voters list on or before 27.02.2025. Learned Government Pleader submitted that once the objections, if any, are I I 2 TMO,J wp 3072_2024 and wp_3553_2O25 received, the same would be considered within a period of l0 days and thereafter, they would be forwarded to the State Cooperative Election Authority, who u,ould thereafter commence the process of election. Learned Government Pleader further submitted that at least a period of two months is required to complete the election.
4. Learned counsel for the petitioners in both the writ petitions submitted that their interest is to hold the election at the earliest and requested to fix the time frame for the same.
5. In view o[ the above submissions and since the voters list has already been finalized and objections have now been called for by the Registrar vide notice dated 18.02.2025, this Court deems it fit and proper to direct the respondents to conduct elections and amounce results on or before 15.04.2025. 6 With the above directions, both the writ petitions are disposed of. There shall be no order as to costs.
7. Miscellaneous petitions, if any, pending in these Writ petitions, shall stand closed \ To SDLMOHD.ISMAIL ASRS\ANT REGISTRAR ,/ l\\,\ //TRUECOPY// \l\ -'- V SECTION OFFICER
1. The Principal Secretary. Aqriculture and Co-operative Department, Secretarial, Hyderabad Strte of Telangana, State of Telangana 2. The Commissioner for Co-operation and Registrar of Co-op Societies, State of Telangana, 3rd Floor, Gruha Kalpa, Nampally, Hyderabad State of Telangana
3. The Deputy Registrar/Districtco-operative officer, District co-operative office, lntegrated coile^ctor office Antaypatty, Srrimeerpei, Meuinii-Ma"ruiziri District State of Telanoana
4. The Deputy Registrar/Audit Section lntegrated Collector Office Antaypally, ,' Person-ln-Charge of HAECHS Ltd., (T86_269), Shameerpet, veOctiit_ ^ Matkajairi Distri;t State oiieiang-J;a'. -- levt' vt 6. The Additional Registrar, Terang"ana cooperative Erection Authoritv. o/o The uommrsstoner and Reoistrar of Cooperative Societies, Gruhakalpd,' Nampatty, Hyderabad.
7. The District Cooperative Officer, Medchal-Malkaiqir District. U. I he Ofticial Person-ln-Charge, Hildustan Aeron'a"utics Employees Co- operative Housing Sociejies-Ltd, (TBC-269 I ea lanigii HioZrabioi" e. One CC to SRt n-aurSHex.Nl. AaVoiit. io'prl6r-" ,1O.One CC to SRI MAGHAM-MALLIKARJUT\I nEoov, Advocate toPUCI 1 'l . Two CCs to ADDL ADVOCATE GENERAL, Hiqh iourt r*lhL'5iut"-dr .^ Telangana, a! Hyderabad. [OUT] 'l2.One CC to SRt PRAMOD tviRLlCt, Advocate tOpUCl 13.One CC to SRt KARTHTK MADHANU, Advociie tbF'UCl 14 Two CD Copies K q \ PS BS l I I I / HIGH COURT DATED:2 410212025 COMMON ORDER WP.Nos.3072 of 2024 & 3553 OF 2025 '6e STAT€ 1 i 1B t{[R tffi C, DE spr.:rc) DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS