MORALA MOHAN REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Petitioner challenges the action of the 3rd respondent ' District Cooperative Officer in issuing proceedings RC No. 135/2023-C, dtd. 22/2/2024 proposing to hold a meeting of the Managing Committee of Primary Agriculture Cooperative Society, Ltd., Narsampet (for short, 'the Society') on 12/3/2024 at 11 A.M. at the society's seat, alleging it to be illegal, arbitrary, unconstitutional, and contrary to Ss. 115-D and Sec. 34-A of the Telangana Cooperative Society Act, 1964.

(2.) Petitioner was the elected President of the Society comprising 13 Managing Committee Members, following elections held on 15/2/2020. While the things going on, it is stated, petitioner received the impugned notice from the 3rd respondent alleging a proposed "No Confidence Motion" against him for purportedly failing to support the managing committee in various developmental activities. According to him, the notice is contrary to the Telangana Cooperative Societies Act, 1964 (for short, 'the Act') particularly Sec. 34-A and Rule 24-A and it purportedly lacks conformity with the prescribed format under the Rules, specifically Form No. AAA of Rule 6-A(1), which requires a requisition duly signed by elected members specifying the total number of signatories. Petitioner states that the 5th respondent ' Society utilised revival package, as such, the provisions of Sec. 115-D of the Act applies. Smooth functioning without contravening Sec. 115-D implies the 3rd respondent should not interfere in society affairs to avoid potential financial instability. Petitioner points out that one Dharuvaula Tirupathi, one of the proposers of the motion, is disqualified under Sec. 21-A(1A) due to having more than two children, making him ineligible to propose the motion. Gujjula Madhav Reddy, another signatory, has never attended managing committee meetings since election, rendering him ineligible to propose the motion as per the submitted meeting minutes. These irregularities, the President contends, invalidate the motion proposed against them. Further, it is highlighted that under Sec. 34-A, a "No Confidence Motion" can only be initiated by members of the committee against the President and Vice- president, however, in the current proposal, the Vice-president, Mergu Srinivas, signed as the proposer, which is inconsistent with the provision.

(3.) On 6/3/2024, this Court granted interim order that no confidence motion against petitioner scheduled to be held on 12/3/2024 may go on, but the official respondents are directed not to declare the results till 20/3/2024.