GUNDARPU KIRAN KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present writ petition has been filed seeking to issue a Writ of Mandamus declaring the election notification issued by the Additional Registrar/State Cooperative Election Authority (FAC), Telangana, Hyderabad, respondent No.3 herein, vide proceedings in Rc.No.765/BDD/SCEA/2022 dtd. 14/3/2022, as illegal, arbitrary and contrary to the provisions of Telangana Cooperative Societies Act, 1964 (for short "the Act").

(2.) The petitioner claims to be the Member of respondent No.5/society which has been registered under the provisions of the Act vide Registration No.892/TEE. As per the bye-laws of respondent No.5/society, initially its area of operation was within the jurisdiction of Dugnepalli Gram Panchayat. In view of creation of new panchayats in the State of Telangana, Dugnepalli Gram Panchayat has been bifurcated into three Gram Panchayats viz., Dugnepalli Gram Panchayat, T. Kothagudem Gram Panchayat and Chedharmla Gram Panchayat. So far as T.Kothagudem Gram Panchayat is concerned, a separate society was registered under the provisions of the Act and commenced its activities as per the provisions of the Act and the Rules made thereunder i.e., the Telangana Cooperative Societies Rules, 1964 (for short "the Rules") and out of the original members existing at the time of registration of respondent No.5/society, 23 members have been transferred to newly created T.Kothagudem society. The area of operation of the said society was notified as the Scheduled Area. The petitioner claims that he belongs to Scheduled Tribe community. Since no elections were conducted to respondent No.5/society, an Adhoc Committee was nominated for running the affairs of the society. It is the case of the petitioner that respondent No.3 has issued impugned notification vide proceedings in Rc.No.765/BDD/SCEA/2022 dtd. 14/3/2022 appointing respondent No.4 as election officer for conducting elections to the managing committee of respondent No.5/society and also issuing election schedule fixing the date of nominations as 21/3/2022 and the date of conducting elections as 30/3/2022.

(3.) The contention of the petitioner is that prior to issuance of the impugned election notification and the schedule, the respondents have not published the draft voters list. It is mandatory that before publication of the voters list the draft voters list has to be published for conducting elections, but such procedure has not been followed by the respondents for conducting elections to respondent No.5/society. It is the further contention of the petitioner that in view of bifurcation of Dugnepalli Gram Panchayat, where initially respondent No.5/society was having operational jurisdiction and in view of subsequent creation of the new society with 23 members and transferring of 23 members of respondent No.5/society into newly formed society and change of its members, it is mandatory on the part of respondent Nos.3 and 4 to prepare draft voters list and publish the same before conducting elections. The grievance of the petitioner is that since the newly transferred members are no more members of respondent No.5/society and since respondent No.3 has straight away issued notification for conducting elections to the managing committee of respondent No.5/society, nearly 45 ineligible members are now allowed to participate in the election to respondent No.5/society, as such issuance of impugned election notification fixing the schedule without publishing the draft voters list and calling objections is contrary to Rule 22(6) of the Rules and prayed this Court to declare the election notification as illegal, arbitrary and contrary to Rules 22(1) read with Rule 22(6) of the Rules and to consequently prayed to set aside the same.