G. Muralidhar Goud v. District

ll.Gummadala Nagasri, Wo. Chandrasekhar Goud Aged about 53 year's, Occ Taddy Tappers, FUo. Padmavathi Colony, Mahabubnagar Municipality and District l2.Yadaiah Goud, S/o. Kurumaiah Goud, Aged about 50 yeafs, Occ: Taddy Tappers, R/o. Kidwaipet Ward, Mahabubnagar Municipality and District.

13.Varun Goud, S/o. Venkataiah Goud Aged about 47 yeat's, Occ Taddy Tappers, R/o. Christianpally Ward, Mahabubnagar Municipality and District. AND ...PETITIONERS

1. The State of Telangana, Represented by its Principal Secretary, Prohibition and Excise Department at Telangana State, Secretariat at Hyderabad.

2. The State Co-operative Election Authority/FAC/ Additional Registrar, Telangana State at Hyderabad.

3. The District Prohibition and Excise Officer/ Superintendent Functional Registrar, Mahabubnagar district at Mahabubnagar..

4. The Election Officer/ Prohibition and Excise Sub-inspector, Office of the Station House Officer at Mahabubnagar

5. Toddy Tappers Co-Operative Society, Mahabubnagar, Represented by its Person-in-charge Committee/Official Administrator/ Prohibition and Excise inspector/ Station House Officer at Mahabubnagar. ...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 (or) Direction writ (or) writs More Particularly on in the nature of WRIT OF MANDAMUS, to Declare the Action of the Respondent No. 3 herein, in not initiate any Action and Finalize the Membership Application Submitted by the Petitioners, before Conducting of Elections of the Society on 06-1 1 -2024, As Directed by this Hon'ble Court, Vide in W.P. No. 3676 of 2026 Dated 06-04-2026, is illegal, arbitrary and violation of Principles of natural justice and against the Article 14, 19,21 and 300-(A) Constitution of lndia, and Consequently Direct the Respondent No's. 3 to 5 herein, to Consider and Finatize the Membership application's Pending Before them of the Petitioner,s herein, in the Co-operative Society - For conduct of Elections -As Directed by this Hon'ble court and Allow the Petitione/s herein, Participate the Elections, Vide in W.p. No. 3676 of 2O26 Dated 06-04-2026. Forth With l.A. NO: 1 OF 2026 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 Directed the Respondent No's. 3 to s herein, not conduct of the Elections in the co-operative Society, Until Disposal of the present Main Writ petition. Counsel for the Petitioners: SRI J. RAGHURAM Gounsel for the Respondent Nos.1 to 4: SRI A. JAGAN, GP FOR PROHIBITION counsel for the Respondent No.S:--- The Court made the following: ORDER ExclsE IN THE HIGH COURT FOR THE STATE OF. TELANGANA AT ITYDERABAI) THE HON'BLE SRI JUSTICE E.V.VENUGOPAL trIRIT PETITION No.14585 of 2O26 DATE OF ORDER: O1.O5.2o126 Between: G. Muralidhar Goud and L2 others AND .Petitioners The State of Telangaraa, Represented by its Principal Secretsry, Prohibition and Excise Department, at Telangana State Secretariat at Hyderabad and 4 others Respondents ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: o...to i.ssue any order or Drection Writ or Writs More particutarlg on in the nadre of WRIT OF MANDAMIJS to Declare the Action of tlrc Respondent No 3 herein in not initiate ang Action and. Finalizc the Membership Appliution Submitted by the petitioners before hnductittg of Electior* of tle $ciety on 06.1 1.2024 a.s directcd bg ,his Hon'ble Court Vide in WP No.3676 of 2O26 Mted 06042026 i.s ilbgal arbitrary and Violatton of principles of natural justice and. against tle Artbles 14, 19, 21 and 3OOA Constitution of India and. hn*qtrcntly direct the respondent /Vos.3 to S herein to C,orsider and Filnlize tle Membership applbation-s pending kfore them of tle Petitioners terein in the Cooperatiue &ciety For Conduct of Ebctiorvs As Dreded by this Hon'bb couri and. Allow the petitianers lerein Participate ttw Elections vide in wp No.3676 of 2026 Dated. 06.04.2026...'

2. Heard Mr. J.Raghu Ram, learned counsel for the petitioners; Mr. A.Jagan, learned Government pleader for t Page 2 of6 Prohibition and Excise appearing for respondent Nos. L to 4 and perused the record.

3. Learned counsel for the petitioners submits that the petitioner No.l addressed a detailed representation dated

06.1 1 .2024 before respondent No.3 on behalf of the President of Kallugeetha Industrial Shrameka Sahakara Sangam Limited, Mahabubnagar, seeking membership of respondent No.S-Toddy Tappers Cooperative Societ5r, but no action has been taken on the said representation. It is further submitted that the petitioners herein are qualified to be the members of respondent No.S as per the bye-laws of the society having awareness on the profession as tapper and accordingly sought to conduct tappers test upon them to provide membership. It is further submitted that the petitioners addressed a representation along with all the relevant information as per the provisions of the Telangana Co- operative Societies Act, 1964 (for short 'the TCS Act, 1964). It is further submitted that in an earlier round of litigation, one Mr. V.Pratap Goud filed W.P.No.3676 of 2026 before this Court for conducting elections of respondent No.S and this Court uid"e order dated 06.04.2026 directed respondent Nos.4 and 5 therein to provide the information as sought for by Page 3 of6 respondent No.3 as prescribed under Section 31 (b) of the 1964 Act, within a period of two weeks from the date of receipt of a copy of this order' and on receipt of such information, respondent No.3 is directed to conduct elections of respondent No.5 within two weeks thereon. It is further submitted that unless the case of the petitioners is considered, conducting any further elections of respondent No.S would affect the rights of the petitioners and further submitted that prior to the amendment of Act 22 of 2OOl, Section 19(3) of the TCS Act, L964 read with its proviso contemplated a deemed membership after the expiry of the period of sixty days from the date of receipt of application for membership. By virtue of the said amendment the provision of deemed membership no longer exists. Learned counsel also relied upon Section 23 of the TCS Act, 1964. Stating so, prays this Court to pass appropriate orders.

4. Section 23 of the Telangana Co-operative Societies Act, 1964, is extracted hereunder: "(1) Any member who has acted adversely to the interests of the societ5r may be o<pelled upon a resolution of tl.e general body passed its meeting by the votes of not less than where by majority of the total membership of the society is present and fwo-thirds of the members of the society present and voting. (2) No member shall be expelled under sub-section (l) unless,- i i Page 4 of6 (a) member caused loss of financial to the societ5l b) member is involved in impersonation, forgery or any other Criminal Activity against the society. (c) Provided that the member shall be given an opportunity of making his/her representation to the Managing Committee. (3) A copy of resolution expelling the m6mber shall be communicated to the member within 30 days under copy to the Registraf

5. Learned Government Pleader for prohibition and Excise appearing for respondent Nos.l to 4 takes objection on the provision of law relied upon by the learned counsel for the petitioners on section 19(3) of the TCS Act, 1964, and. submits that deemed membership no longer exists on the amendment of Act 22 of 2oo1 and hence section 19(3) of the TCS Act, L964, does not have any operating effect and further takes objection on the submissions on Section 23 of the TCS Act, L964 stating that it is not applicable to the case of the petitioners under any circumstances, where section 23 of the TCS Act, 1964 specifically stipulates on the aspect of the expulsion of members, whereas the petitioners are seeking membership of respondent No.S society. It is further submitted that petitioner No.l claiming to be the president addressed representation seeking membership of respond.ent No.S which does not hold any merit and except stating that Page 5 of6 petitioner No.1 is President of the said society, no material to that effect has been filed either the resolution or any other material authorizing to substantiate his claim. [t is further submitted that the official respondents are in the process of conducting elections in compliance with the' order dated

06.04.2026 in W.P.No.3676 of 2026 and only to protract the litigation, this writ petition has been filed by the petitioners and seeks to dismiss this writ petition.

6.ThisCourt,havingheardlearnedcounselfor the petitioners, learned Government Pleader for prohibition and Excise appearing for respondent Nos.l to 4; and after perusing the material on record and upon \ its examination is of the view that the petitioners have canvassed upon Section 19(3) of the TCS Act, L964' A perusal of either of the sections relied upon by the petitioners and the material placed by them do not come to the rescue of the petitioners and do not apply to the case of the petitioners and no material has been placed before this Court on behalf of the said persons stated to have been filed representations before respondent No.4 seeking membership of respondent No.S. Since the \ Page 6 of6 order passed by this Court in W.P.No.3676 of 2026 directing the authorities to conduct elections is still under process, this Court deems it appropriate to dispose of this writ petition granting liberty to the petitioners to work out their remedies by making a fresh application along with substantiating material to claim their rights as members of respondent No.S. :.{.,.;1 .r *

7. With' the above observations, this writ petition is : disposed of. No order as to costs. As a sequel, miscellaneous petitions, if any, pending, shall sLnd closed. //TRUE COPY// SD/. M. OSMAN ALI BAIG ASSISTANT REGISTRAR G SECTION OFFICER To,

1. The Principal Secretary, Prohibition and Excise Department at Telangana State, The State of Telangana, Secretariat at Hyderabad.

2. The State Co-operative Election Authority/FAC/ Additional Registrar, Telangana State at Hyderabad.

3. The District Prohibition and Excise Officer/ Superintendent Functional Registrar, Mahabubnagar district at Mahabubnagar.

4. The Election Officer/ Prohibition and Excise Sub-inspector, Office of the Station House Officer at Mahabubnagar

5. The Person-in-charge Committee/Official Administrator/ Prohibition and Excise inspector/ Station House Officer at Mahabubnagar, Toddy Tappers Co-Operative Society, Mahabubnagar,.

6. One CC to Sri J. Raghuram, Advocate [OPUC] 7. Two CCs to GP for Prohibition Excise, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CD Copies ,W TJ , , - HIGH COURT DATED: 01 l0sl2026 sEH1so t otJ 1 2 rlAY 2026 z a * * PA,T Ctl ORDER WP.No.14585 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ 4 V 5