MAILARAM GANGA REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Petitioners approached this Court seeking a mandamus challenging the proceedings, dtd. 17/1/2024 issued by the 3rd respondent through letter No.80/2024-C. These proceedings propose holding of a Managing Committee meeting on 9/2/2024 to discuss and conduct voting regarding 'No Confidence Motion' against the leadership of Primary Agricultural Cooperative Society Limited, Sirikonda (PACS). The relief sought includes declaring the mentioned proceedings as illegal, arbitrary, unjust and unconstitutional, contending that they violate Sec. 115-D and Sec. 34-A of the Telangana Cooperative Societies Act, 1964 (for short, 'the Act') and the Rules framed thereunder. Additionally, petitioners request to set aside the proceedings.

(2.) The 1st petitioner is President and the 2nd petitioner is Vice-President of PACS; they were elected during elections held on 16/2/2020, for five years. It is stated that Society serves the financial needs of farmers at the primary level and it plays a crucial role in protecting farmers from money lenders and involves its members in managing and running the Society. The Cooperative Societies, including the subject Society aim to provide financial aid to farmers and generate markets for agricultural produce without the intervention of the 3rd parties or political influences. Petitioners emphasize their unblemished record in serving the Society since the election and there have been no complaints regarding their performance.

(3.) Respondents 1 to 3 submitted written instructions to the Government Pleader for Cooperation based on which, it is submitted that petitioners hold the positions of elected President and Vice President of PACS, Sirikonda. The Managing Committee members, numbering nine submitted 'No Confidence Motion' to the 3rd respondent seeking an expeditious meeting for its consideration. The notice was duly submitted in the prescribed format (Form AAA) with the CEO of the Society certifying the signatures of nine Managing Committee members. Contrary to the petitioner's claim that Sec. 34-A is not applicable, it is asserted that the Act provides the right to Managing Committee members to propose a 'No Confidence Motion', irrespective of their status as an Elected Chairman. It is stated that as per Rule 24-A(1), as soon as notice along with a copy of the Motion expressing no-confidence is received, the Registrar shall notwithstanding anything in the byelaws, convene a meeting of the committee. The 3rd respondent issued notice dtd. 17/1/2024 in accordance with this Rule, scheduling a meeting on 9/2/2024. The 3rd respondent is not involved in the affairs of the society as well as the bank and he discharged his duties in line with Sec. 34-A and Rule 24-A(1) of the Rules.