The High Court · 2025

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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents 2 to 5 on the representation dr. 14. 7 .2025 and 15. 7. 2025 and in not taking any action against- the illegal acts of the 6th respondent as illegal, contrary to law, arbitrary and violation of Sec 24, 23.34 of the TMACS Act, 1995 and Rule 22 of lhe Telangana Co- Operative Societies Rules and Art t4, 1S and Art. 21 of the Constitution of lndia, and consequently to stay all further proceedings in pursuance of the Election Process issued by the 6th respondent vide letters dt. 6.7. 2025 and 8. 7. 2025, pending disposal of the writ petition and to pass such order or orders as this Honble Court may deems fit and proper in the interest of justice. 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 Respondent No.2 to 5 to take criminal actions against the 6th respondent and its present body under Sec. 38 of the TMACS Act. 1995 for violation of its orders dt. '1 . 9. 2023, 27. 1 2024 and 4. 3. 2024 and to pass such order or orders as this Honble Court may deems fit and proper in the interest of justice. lA NO: 2 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 stay all further proceedings in pursuance of the Election Process issued by the 6th respondent vide its letters dt. 6 7. 2025 and 8. 7. 2025, pending disposal of the writ petition. and to pass such order or orders as this Hon'ble Cou( may deems fit and proper in the interest of justice. Counsel for the Petitioner: SRI NADELLA VENKATESWARA RAO Counsel for the Respondents No 1 To 5 : GP FOR COOPERATION Counsel for the Respondent No 6: SMT D. PADMAVATHI The Court made the following: ORDER I THE HONOURAI}LE SMT..IUSTICE T. MADHAVI DEVI WRIT PETITION NO.2I376 OF 2025 ORDIiII In this Writ Petition, the petitioners tte seeking a Writ of Mandamus declaring the inaction of respondents 2 to 5 on the representations of the petitioners d1.14.01 .2025 and 15.07.2025 against the illegal aCtS of respondent No.6, AS illegal and arbitla r'1 and consequently to stay all further procecdings pursuant to the election process issued by respondent No.6 yrcle letters dt.06.01 .2025 and

08.07 .2025 and to pass such othcr order or orders.

2. Brief facts leading to the liling of the present Writ Petition are that the petitioners are all residents of The Spring Valley Villa and are members of respondent No.6 society. It is stated that the rnernbers olthe Managing Committee of respondent No.6 society have committed vaflous irregularities and therefbre, the petitioners have submitted representation dt.O1 .08.2023 to respondent No.4 and in response thereto, respondent No.5 authority has addressed a lettel No.06/AR(MDCL)- 2023 dt.01.09.2023 to respondent No.6 to submit remarks regarding the iregularities attributed and also to submit thc concerncd recorcls, but w.P.No.2l376 of 2025 2 respondent No.5 did not take any action. It is submitted that respondent No.5 again addressed a letter dt.27.01.2024 directing respondent No.6 societv to submit thcir renrarks on the allcgations, but no action rvas taken and the petitioners have submitted lurther representations agairtst the incgularities of respondent No.6, but respondent No.6 did not respond and in the rneantime, respondent No.6 society has initiated action lor concluct ol- elections and has issued notification lor appointment of election committee of 3 Directors vide letter dt.06.07.2025. Aggrieved by the inaction of respondents I to 5 in taking action against respondent No.6 and permitting respondent No.6 society to conduct elections. the present Writ Pctition is filed.

3. Respondent No.6 has fited a counter affidavit denf ing the allegations of'the petitioners and submitted that the respondent society has submitted all tl.re records to the authorities and has also conducted a general body meeting on 24.05.2025 and the certified audit reports were presentcd at the general body meeting. It is also stated that elections were conducted as per the schedule and if the petitioners are aggrieved by the elections, they have to move the Cooperative Tribunal by way of an election dispute and therelbre, this Writ Petition is not maintainable. I I W.P.No.2l 176 of 2025 -1

4. Respondent No.4 also has filed a counter affidavit stating that respondent No.4 has entrusted the representations of the petitioner to the Assistant Registrar, Medchal Circle for verification and lbr submission of factual reports in the matter and in tum, respondent No.5 has also issued letters to the Managing Committec of the society to lurnish their remarks on the allegations and to provide the connected records fbr verification. It is stated that in spite of such requests, the Managing Comnrittee has not submitted their rernarks and not furnished the records for verification. It is also stated that respondent No.6 society has not conducted elections since 2023 in violation ol its bye-larvs and have appointed multiple Election Officers for conduct of clections to the posts of threc Directors and further that. election officcrs rvere connected u,ith the society as family members of the rnembers of the society and therefbre, elections are not conducted properly. It is stated that action would be taken in accordance with law on the rcpresentations ol the petitioners. It is also confirmed that elections to the posts of three Directors were conducted as per schedule and results were also declared on the same day, i.e., on27.07.2025. I I W.P.No.l1376 of 2025 "1

5. l{aving regard to the rival contentions and the material on record, with regard to tlrc allt'gations ol irregularities committed by respondent No.6, this Courr tlnds that the petitioners have made several represcntat iorrs and according to the counter filed by respondent No.4, they have been ref'erred to respondent No.5 for report and it is respondcnt No.4 rvho has to take a final decision in the matter. The oonciuct ol elections by respondent No.6 society is independent of the allegations rnade by the petitioners against respondent No.6 so8lety l'heretbre, respondent No.6 cannot be prevented from holding elections to the posts of Directors. Therefore, the elections conducted by respondent No.6 need no interl'erence.

6. Horvever, as regards the action on the representations of the petitioners about the irregularities committed by respondent No.6 society, this Court directs respondent No.5 to conclude the enquiry cxpcditiously and to subrnit a l'epofi thereon and respondent No.4 shatl take a decision theleon also cxpeditiously. Preferably, the entire exercise shall be completecl rvithin a period olsix months from the date ol receipt \of a copy of this order

7. The Writ Pctition is accordingly disposed of. No order as to costs. W.P.No.2li76 of 2025 5 8 Pending misceilaneous petitions, irany, in this writ petition shall stand closed. SD/-4. JAYASREE ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To '1 . The Principal Secretary, Cooperative Department, State of Telangana, Secretariat Buildings, Hyderabad- 50O 022

2. The Commissioner for Co- operation And Registrar of Cooperative- Societres, Hyderabad.

3. The Registrar of Cooperative Societies, Medchal- Malkajgiri District, Medchal. 4. The District Cooperative Officer, Medchal- Malkajgiri District, Medchal. 5. The Assistant Registrar, Medchal Circle, O/o. The District Cooperative Officer, Medchal- Malkajgiri District. 6 One CC to SRl. NADELLA VENKATESWARA RAO, Advocate IOPUC] 7. Two CCs to GP FOR COOPERATION, High Court for the State of Telangana at Hyderabad . [OUT] B. One CC to SMT D PADMAVATHI, Advocate [OPUCI 9. Two CD Copies DNN I HIGH COURT DATED:2511112025 ORDER WP.No.21376 of 2025 S;J () L) 07 ti8 zffi f:", \\'.1 r \\i_/ SFAiC 6) ,L * DISPOSING OF THE WRIT PETITION WITHOUT COSTS / t-'. I KJ ,le 1b