ABHISHEK MASIPOGU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed challenging the action of the 2nd respondent in issuing proceedings dt.19.09.2019 vide R.C.No.1273/S/SCEA/2019, notifying elections to the Managing Committee of the Accountant Generals Office Employees Cooperative Housing Society Limited-6th respondent Society.

(2.) Sri S.Niranjan Reddy, learned Senior Counsel appearing for the petitioner submits that petitioner is a Central Government employee and as per Office Memorandum dt.05.08.2019 issued by the 5th respondent, he will be allowed to hold elective office in any body, whether incorporated or not, for a period of two terms or for a period of four years, whichever is earlier. He also submits that since the term of the elective post of the 6th respondent Society is five years, as per the provisions of Telangana Cooperative Societies Act, 1964, the Chairman/Person-in-charge of the 6th respondent submitted a representation dt.09.08.2019 to the 5th respondent stating that the aforesaid Office Memorandum dt.05.08.2019 bars Government Employees from getting elected for more than two terms or four years, whichever is earlier and that the said Office Memorandum is also making the Government Employees ineligible to contest, elect and run the societies. When the said representation is pending, the 3rd respondent issued impugned election notification. He also submits that petitioner being the member of the Co-operative society and in service, his right to contest gets affected, if the elections are held as per the impugned notification. He further submits that the respondent authorities could have waited for the decision of the 5th respondent on the representation of 6th respondent.

(3.) On the other hand learned Government Pleader for Co-operation submits that Section 31(2) of the Telangana Co-operative Societies Act provides the elected term of the elected body as five years and Article 243ZJ(2) also provides the elected term of the Co-operative body as five years. He also submits that after issuance of election notification election process starts, as such, the same cannot be interdicted and that the correspondence between the petitioner and the 5th respondent cannot be a ground for postponing the elections.