Writ petition challenging election validity of a society's executive committee was summarily dismissed as having been withdrawn by the petitioner without costs.
Petition and miscellaneous applications dismissed as withdrawn by the petitioner without costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original J urisdiction)
IVONDAY, THE TWENTY FIRST DAY OF N/ARCH TWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY
WRIT PETITION NO: 9728 OF 2022
Between:
S.Ir,4.Somasekhar, S/o S.lVl.Nethaji, Aged aboul 47 years, Occ :Business, R/o Plot No 58, Sark One, l,4okila village And Gram Panchayat, Shankarplly l,4andal Ranga Reddy District
...PETITIONER
AND
...RESPONDENTS
Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or Direction or an Order which particularly in the nature of WRIT OF I'IANDAIVUS declaring the action of the respondents 2 to 4 in not cancelling the executrve committee of Sark One owners Association(890/2015) Sy No. 43/P, 441P, 50 and 50/P Sark One /l\lokila village SharkarpallyRanga Reddy district as the elected President has stepped doiryn the entire E.C. Stands dissolved. As per the registered bylaws of the narne of thepeople asper communication dated 16-10-2020 of the election committee members cannot be in the executive committee. The President IVr. Girish l,4allpani isnot on the registered owner of Villas SOE 7 and SOE 8. The GeneralSecretaryl,4 r. Tarun lr/eka is not the registered owner of Villa No. 43 Sark oneExtention. Theowner of this villas as per records is a defaulter as the transfer fees ofRs. 50,000/-on the purchase of the villa has not beenpaid till date whichis secondsale. The Treasurer l,4r. Kamal Kishore is defaulter as the transferfees ofRs. 50,000/- on
the purchase (Second sale of the village has not been paid till date. As per the bye-laws of the society the above persons are self-styled, conducted the elections and formed the general body with their whims and fancies and continued the same by administration of illegal way which is highly illegal and arbitrary, the respondents neither follow any procedure as contemplated under Byelaws nor the provisions of the societies Act and as such the entire election process is vitiated. lt is matter of fact, every process of the election is hand in glove with the above stated persons and the nominations that have been filed by the above persons are not the assocration members and Drstrict Telangana state as the Election dated 17th October, 2020 is null and void, is illegal, arbitrary contrary to the byelaws of the Association, provisions of the Societies Act, 1964 without any basis and as well as the violation of the Fundamental Rights guaranteed under the Constitution of lndia and consequently cjirect the respondents to cancel the election dated 17th October, 2020 by conducting fresh election to the Executive committee of the above sark one owners Associatiorr (890/2015).
I.A.NO: 1 OF 2022
Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to dispose of the representation of the petitioner dated. 27-1-2027 while cancelling the election 17th October, 2O2O by conducting fresh elections to the executive committee of Sark One owners Association (g9O/20i 5) Sy.No.43.P, 441P,50 and 50iP Sark One/Mokila viltage Sharkarpaily Rartga Reddy district Telangana state by following bylaws pending disposal of the writ petition.
Counsel for the Petitioner : SRI.R.NAGARJUNA REDDY
Counsel for the Respondents : GP FOR COOPERATION
The Court made the following ORDER
\
'fIIIr IION'BLE SIll,IUSTICE,' AIIHISHEK IIEDDY
\'Rl'l l'l:'l'l'l I()N No.9728 of2022
ORDEI{:
[,earued counsel forthe petitioner seeks permission ol this CoLrrt 1o u,'itltdrarvthe presclrtWrit Petition.
Pernrissior.r is irccordedand tlre present Writ Petition is
disnrissecl as u ithdrar,r'n.
illisc'-llaneous applications,il' anr' pendine. shallstancl
closecl.'l-hcre shall betto orderas to costs
SD/.I.NAGALAKSHMI ASSISTANTRE ISTRAR
//TRUE COPY' SECT FFICER
To
1 Two CCs toGP FORCOOPERATION'High Court for the State of Telangana at Hvderabad. [OUT] ) 6ri"'d6 iJlirlF.NAcp,nLu r'rA REDDY' Advocate [oPUC] 3 Two CD CoPies 4 One sparecoPY
S.A SW
HIGH COURT
DATED:21 10312022
(
,(
ORDER
WP.No.9728 of 2022
DISMISSING THE W.P
AS WITHDRAWN WITHOUT COSTS.
2 provisions across 2 enactments
S.Ir,4.Somasekhar
The State of Telangana
The State Election Authority for Societies, State of Telangana
The District Collector/Election authority, Ranga Reddy district
The District Register, Registrar of Societies, KVRR District Telangana State
The Sark one owners Association Committee
A. Abhishek Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
