Disposed

Marshakatla Balaraju v. The State of Telangana

Telangana HC13 Apr 2023WP/8381/2023

Case brief

AI extract

What is this about?

In a writ petition challenging the inaction of fishing authorities in conducting elections to a cooperative society following the expiry of the management committee's term, the High Court directed the respondents to conduct elections within four months complying with the Act and rules.

What did the court decide?

Petition disposed of directing respondents to conduct elections to respondent No.5 Society within four months complying with the Act and rules.

Marshakatla Balaraju Vs The State of Telangana — Election Law | Telangana HC (2023)

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[³³⁰³ ]

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HtGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE THIRTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

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WRIT PETITION NO:8381 OF 2023

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Between:

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Marshakatla Balaraju, S/o. Swamy, Aged 53 years, Occ . Ex-President of Harijana Cooperative Society, Peddakorikondi Vill., Kallur Mdl., Khammam Dist . TS

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...PETITIONER

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AND

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1 The State of Telangana, , rep by its Principal Secretary Cooperation Department Secretariat, Hyderabad

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2 The Commissioner of Fisheries Government of Telangana, Masab Tank, Hyderabad

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3 The Assistant Director of Fisheries/ District Fisheries Officer, Khammam

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4 The Fisheries Development Officer, Wyra, Khammam District. The Hari.jana Cooperative Society, Peddakorikondi, rep. by its Person-incharge, Peddakorikondi, Kallur Mandal, Khammam District

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..RESPONDENTS

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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, order or direction preferably Writ of [Vlandamus, declaring the inaction of the Respondents No 3 and 4 in conducting elections to the 5th Respondent Society despite the fact that the term of the earler Committee of the Respondent No.S Society expired way back on 12.02.2018. as illegal, arbitrary and violative of the Rules of the Telangana Cooperative Societies Act 1964 and consequently direct the respondents No. 3 and 4 to forthwith conduct the elections to the Respondent No.5 society, duly preparing the voters' list and selection of members for constitution of the Managing Committee in consideration of the representation of the society members dated

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09 01 2023 and 08.02.2023 and in compliance of Section 31, Sub-Clauses (2)(a) and Sub-Clause (2)(b) of the Co-operative Societies Act .

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lA NO: 1 OF 2023

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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 No 3 and 4 to forthwith conduct the elections to the Respondent No.5 society, duly preparing the voters' Iist and selection^of members for constitution of the Managing Committee in^{considerationof the} representation of the society members dated 09.01 .2023 and 08.02.2023^{and in} compliance of Section 3'1 , Sub-Clauses^(2Xa) and Sub-Clause^{(2Xb) of the Co-} operative Societies Act,^pending disposal of the^{Writ Petition}

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Counsel for the Petitioner: SRl. SRINIVAS KUDUMULA

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Counsel for the Respondents: ASSISTANT GP^{FOR FISHERIES}

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The Court made the following: ORDER

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HONOURABLE^{SRI JUSTICEJ. SREENTVAS RAO}

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WRIT PETITION^{No.8381of 2O23}

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ORDER:

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This Writ Petition is l-rled^{seeking writ ofMandamus} declaring the inaction of the^{respondent Nos 3and 4in} conducting elections to the^{respondent No.5 socletv despite the} fact that the term of the eariier^{Committee ol the respondentNo.5} society expired way back on^{12.02.2018as illegal, arbitraryand} violative of the Provisions of the Telangar-ra^{Cooperative Societies} Act 7964, and rules made thereunder.

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Heard Sri Srinivas Kudumula, lezrrned counsel for^the petitioner, learned Assistant Government Pleader for^Fisheries appearing on behalf of respondent Nos. 1 to 5.

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Learned counsel for the petitioner submits that^petitioner is Ex-President of the respondent No.5 Society, the tenure of the Managing Committee expired on l2.O2.2OlB and the respondents have appointed person incharge to the respondent Nc.5 Society and he is administering the affairs of the respondent No.5 Society.

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The petitioner as well as other members of the respondent No.5 Society have submitted several representations to the respondent Nos. 2 to 4 requesting them to conduct elections and till date they have not taken any steps to c-'onduct the elections.

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Per contra, learned Assistant Govertrment pleader basing upon the written instructions furnished by the Assistant Director of Fisheries/ District Fisheries Officer, Khammam,^dated 72.04.2023, strbmits that thc respondents are taking^necessary steps to prepare the voter list and to conduct elections^{as per the} provisions of the Telangana St:rte Cooperative Societies Act 1964, amendment Act- as well as rules made thereunder. The^learned Assistant Government pleader further submits^{that four(04)} months time may be^{granted to completethe entireprocess.}

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Having considered the^{rival submissions made by respective} parties, and "r,ithout^{going into the merits of the case, the writ} petition is disposed of directing^{the respondents toconduct} elections to the^{respondent No.5 Society within a period of four} (04) months frorn the date of rcceipt of copy of this order, after

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following due procedure as contemplated under the provisions of Telangana Cooperative Societies Act 1964 and rules made thereunder.

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6 Accordingly, the writ petition is disposed of.

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Miscellaneous petitions pending, if any, in this writ petition,

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shall stand closed.

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SD/- P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principal Secretary Cooperation Department Secretariat, The State of Telangana, Hyderabad

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The Commissioner of Fisheries Government of Telangana, Masab Tank, Hyderabad

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The Assistant Director of Fisheries/ District Fisheries Officer, Khammam 4. The Fisheries Development Officer, Wyra, Khammam District. 5. The Harijana Cooperatrve Society, Peddakorikondi, rep. by its Person-incharge, Peddakorikondi. Kallur [Vlandal, Khammam District

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One CC to Sri. Srinivas Kudumula, Advocate [OPUC] 7. Two CCs to GP for Fisheries, High Court for the State of Telangana. [OUT] 8. Two CD Copies

TJ LS q

HIGH COURT

DATED:1310412023

1 H E s T,
(
oo 21 APR 2[A
* *
n

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ORDER

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WP.No.8381 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS. o^,gS S*;i.\a)

Marshakatla Balaraju v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Marshakatla Balaraju v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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