H.BALRAJ Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Writ Petition is filed to declare the action of the respondent Nos.3 to 6 in not following the mandatory provisions of Telangana Co-operative Societies Act, 1964 (for short "the Act ") and Rules, 1964 (for short "the Rules ") made thereunder, more particularly Rule 22 of the Telangana Cooperative Societies Rules in preparation of Voters List of the 6th respondent society, as illegal and arbitrary.

(2.) Heard learned Counsel for the petitioner, and learned Government Pleader for Cooperation and Sri Hemendranath Reddy, learned Standing Counsel appearing for M. Prateek Reddy, learned Counsel appearing for the 6th respondent and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.

(3.) Petitioners contend that they are the members of the 6th respondent society and without there being any notice to them and without following the procedure prescribed under the Telangana Cooperative Societies Act, 1964 their names have been deleted from the eligible members, as a result of which, they are also deprived from taking part in the elections of the society. It is further contended that the notice dtd. 18.11.2021 issued by the 5th respondent calling for objections on the list of members eligible to vote at the ensuing meeting of the 6th respondent society was not displayed in a conspicuous place of the society where the 6th respondent society office is housed at, but on the other hand, was displayed in the cellar of the building. As a result of the same, the petitioners could not file their claims within the time mentioned in the said notice. However, on coming to know of the same, the petitioners approached the 4th respondent and submitted their objections within three days, after the expiry of the said date.