SRI D v. SRINIVASS RAO The Court made the following

3. The Honble Cooperative Tribunal, Hyderabad Rep by its Secretary having its 4. Chennareddy Srinivas Reddy, S/o Krishna Reddy R/o Villa No 174 Golden 5. Sri G Hari Kumar, 5/6 G Dharma Ctiary R/o Villa No 94 Golden Leaves Villas Leaves Villas Fatullaquda Naqole Hvderabad Fatullaguda Nagole Hyderabad ...RESpoNDENrs 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 an appropriate writ order or direCtion more particularly one in the nature of writ of Mandamus to set aside the order passed by the 3rd Respondent Co-operative Tribunal in lA No. 218 of 2024, dated 13.02.2025 in OP 33 of 2024 as illegal, arbitary, contrary to the order passed in WP No. 28457 oI 2024 and forbear the 3rd Respondent co-operative Tribunal from proceeding further in oP. No. 33 of2024 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High court may be pleased pleased to permit the society to proceed with the elections pending disposal of the above writ petition lA NO: 2 OF 2025 Petition rnder Siection 151 CPC praying that in the circumst:lnces stated in the affidavit filed in support of the petition, the High Court may be pleased to STAY the operation and elf:ct of ORDER passed in lA. No. 218 ,tf 2024 dated 13.02.2025 and stay arll proceedings on the file of 3rd Respondenl Co- operative Tribunal pending dispc s al of the above writ petition lA NO: 3 OF 2025 Petition under Se,ction 151 CPC praying that in the circumstances stated in the affidavit filed in suprJrort of the petition, the High Court may be pleased pleased to permit the petitioners / Respondents No. 4 & 5 to file the material papers as per the list / index enclose<i rn the above WP No. 67 97 of 2025 in the interest of justice and equity Counsel for the Petitioner: SRI RAHUL KANDHARKAR Counsel for Respondent Nos. 1 & 2: GP FOR COOPERATION Counsel for Responderrt No. 4 & 5: SRI D. V. SRINIVASS RAO The Court made the following: ORDER THE HONOURABLE SIvIT. JUSTICE T' MADHAVI DEVI WRIT PETrrroN No.6797 0F 2025 ORDER 'lhis Writ Petitic'n is ftlcd [.ry the petitioner to set aside the or:der dt.13.02.2125 pas:;ed iry ttre 3'J respondent Co-operative Tribunal in I.A.].-I.l.2lE ot 2024 ir-r C.P.No,]3 cl.i,2c24 anc to forbear the 3.i icspondent co-opeiative Tlibunal licnr proceeding ftuther in o.P.No.3ll of 20?4and to pass srrch otilcr ordei or ol'ders'

2. Bricf lacts le:.ding to tl-,e f;iing of the preseilt writ Pctition arc rlrat respondcitrs.i alri! :, her.r-'in i:r,,e filrd o.P.No.33 cf 2G21ueii:re thc -I'ribu:rrrl Inier Scctrcn -27(i) of tile ldutr.raily Aiced Co- Co-oi;eiarive cperar,ive societies A ct, I 995 see kiDg a direction ic the resircncienl society :lot to issue eiection nctiiicirtiorl arxi not to pr:oceei.i ri'ith the clection duc on i5.i0.2n24 for tire Pcsts of Directors (as the telm cf ii L'rircctcrs c>,.pires o- 15.10.2024) till the riisposal o[tl'.e O'!l', and aioag ',vitr 'thr. sairi C.P.. rcsircndei:is 4 rll 5 herein hi:ve liiso ilect -i-ri5ural, [..'\.]\Io.2 I li al 2A2;t fr'i an inlcr lnr pr,rl'c!'. Tite Co-operrtii'e '.,:4: crli:i cl,+..t)4.iC.?.(\24 lt tlt.: s:.'.j Ll',.. l-.a'-l clirected thc sc':iet;'tloi to 2 V,'.1,. No.(,797 of 2025 proceed f,rtrre. irr issuance of notification tili the case is he.rd o, merits as two other cornected O.ps., i.e., O.p.Nos.2 and l3 of 2)24 are also pending ad-iudicrtion before the Tribunal. challenging tr.: sarne, the society fiied a Vrlit petition before this Court in W.p.No.2g457 of 2024. This Courl had s:r aside rhe order of the Tribunal dL.O4.lt).2024 and directeci the'rribr.rar to pass orders on merits afresh in accordance with law by considering the contentions of both the parties.

3. It is stated tirat when the rnatter was takcn up aficsh, insteacl of deciding the matter on merits, the Tribunar has r,ade the inte,rim order dt'04'10'2024' which has already been set aside by the l{igh Crturt, vide order dt.22.10.2024 in W.p.No.2g4 57 of 2,24,absolute till the disposal of the main O.p. ,,rhich is to be heard along with the trrro other connected O.ps., i.,:., O.p.No.2 of 2024 and O.p.No. l3 c,f 2024. Challenging the same, rhe p(esent Writ petition is filed. 4' Leamet counsrt:r ror the petitioner submitted that the orcrer of the Tribunal is crearly nc t in accordance with the directions o1. thir, court and is in fact conturLrrcious in confirming the order which has arready been set aside by this ':ourt. He is therefore seeking setting aside of trre same and to direct the ( lo_operative Tribunal to pass orders on melts. rEE--__ 3 W.P. No.6797 of 2025

5. Respondents 4 and 5 have filed a counter affidavit suPPorting the stand taken by the Tribunal. It is submitted that the Tribunal has considered the matter afresh and has deemed itfit and proper to continue to stay the elections. Learned counsel for respondents 4 and 5 submitted that though the vrording ofthe Tribunal may not have been appropriate, the Tribunal also considered the issue on tnerits and has passed the order on merits and hence there is no reasorl to interfere with thc impugned order.

6. Having regard to the rival corltentions and the material on record' this Court finds that on earlier occasion, the Tribunal had held that there weie two other connccted O.Ps.. i.e., O.P.No.2 of 2024 and O'P.No'13 of 2024 relating to the said society and therefore, all the three O.Ps', have to be heard together anC till such time, there shall nct be a'ny elections to the society. This Court, vide orders d1.22.10.2024 in W.P.No.28457 af 2024, has obserwed that pendency of O.P.No.2 of 2024 md O.P.No. 13 of 2024 '.vould no: affect the hearing oi O'P.No'33 of 2024 and therefcr-e. the maitcr was rentanded for reconsiCeration of tlre order in i.A.Nt:.2l8 of 2A24 in O.P.I'tro.33 of 2024. The Tribunal, ho,.vever, has only r.eiterated the facts ci the case in its Order till para 32 all(i in r"ire penultima.re paia 33 cf its tlrder has obserueC th:it Lhc 4 W P. \0.6797 of202i ^bsolrte' petitioner has to ead evidence in o.p.No.33 0f 2024 and trrat t,e time due for eiectionr; as per bye-larvs expired on r5.r0.2024ard the next elections rvill be clue on 15.10.2025 enCtherefoic, pt.itnct /ric;ecase and balance o1'conve nience is in favour of tl.re petrtioner not to distrrrb the interim crder' Th': Tribunal has thus made the inter.irn order er.anted on 04'102024 This order of the Tribunal is therelb..e in utter disregard to the orciers of this Court and thus contum3cious. Once the interim order has rr ready been set asicie by this court, it ceas.:s to exist and therefore, the'tribunar could not have made tl.re said order absolute. Further' this court had directed thc Tribunar to hear thc rnatrer afresh and decide the matt:r on merits, but there is no discussion of the issue on merits at all. Therefore, the impugned order dt.13.L|.2L25passed in I.A.No.2l8 of 202,1 in O.p.No.33 of 2024 of the 3,d rcsponrlenr Co_ operative Tribunal ir; set aside ancl the Tribunal is directed tc, re_hear I.A.No.2l8 of 2024 in O.p.No.33 of 2024 and pass a speaking order thereon on merits in accordance with law.

7. Registrv is di"r:cted to place this order before the llon,ble the chief Justice to call for remarks of Smt. Koka Radha Devi. r)istrict Judge/Chairperson (.,tC) of the Cooperative Tribunal. ,felan5:ana Hyderabad for passi,1l the impugned order in utter disreg.rd to the I 5 orders of this Court and without application of mind making the interim order which has been set aside by this Court as absolute, for suitable action against the District Judge/Chaiqperson.

8. Registry is further directed to malk a copy of this order to the I)r'incipal Secretary to Govemmenr, Agriculture and Cooperation Depanment,'l'elangana Govelment Sectetariat, HyCerabad-500022 ior taking sultabie action against Snit. \r.Stitnitra, 1-'.Cditional Registrar/\4ember-I of the Cooperative 'I'ribunal, Telangana at Hyderabad by callirrg for lter remarks lbr passing th'; rrnpugneci orcier in trttei disregard to tlte olders of this Coun aiid rvithout ap1>lication o I n.riud rnaking tire interir,r order v;liich iYas set asirie by tlils Couri as absoltite.

9. t/itir the above directions, the Writ Petition is allorved. No order is to costs.

10. Penciing ;.1:iscellaneo'-ts ile :;ticrrs, if arly, irr this rvrit Petiiicll sllali stand clcsed. //TRUE COPY// Sd/- A. SREENIVASA REDDY ASSISTANT RFGISTRAR )t, sEcTlPr€FFICER To,

4. The Principal Secretary to Chief Justice, High Court for the State of Telanoana at Hvderabad. iilii""s,"t# Urgitance;, High Court for the State of Telangana, at Hvderabad. tfrJ n"gLiia, (Judicial-l), High Court for the State of Telangana' at Hvderabad. itE pri.Eirrf Secretary Agriculture & Co-operation Department, State of fetanqand Secretariai Bu-ildings, Hvderabad \ i.:.LA 5 6

7. o. 9 't0 MBC [lli|"Blttt'tt cooperative officer, olo District coflector Medchalt,Iatkajgiri ,i,t:i"s:',#l f,s,-ilrllfif#"ffiifi . "::, ; _.'' '/ srinivasa Rao, Advocate (opuc) ffS 33 [%:H \ /// t," i ,-, \.. r ''' .,], -,. . s (1 .\s (5 HIGH COURT TMD,J DATED: l4l0StZOZs it., .! ORDER WP.No.6797 of 2O2S DISPOSING OF THE WRIT PETITION WITHOUT COSTS DI- \6 i