G. Srivani Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

G. Srivani Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.2 (Registrar/District Cooperative Officer, Hyderabad District) to consider the petitioner's representations dated 22.11.2025 and 01.12.2025 and take action in accordance with law, after issuing notices to all the concerned, if necessary; writ petition disposed at admission stage; miscellaneous applications pending in the writ petition directed to stand closed; no order as to costs.

Issue for consideration

Whether respondent Nos. 4 to 14 (President, Vice-President, Joint Secretary, Treasurer, Joint Treasurer and Board of Directors of respondent No.3 society) have incurred automatic statutory disqualification under Section 21(6)(b) & (c) of the TMACS Act and Clause 32(F) of the certified bye-laws of respondent No.3 society, rendering all actions, resolutions, circulars, financial decisions and vendor approvals issued from the disqualification date illegal, arbitrary, ultra vires and void ab initio, and whether respondent No.2 should assume charge of respondent No.3 society and appoint a neutral Administrator or Elders' Council until a duly constituted Managing Committee is elected. +1 more

Ratio / Principle

The Court disposed of the writ petition at the admission stage, with a direction to respondent No.2 to consider the petitioner's representations dated 22.11.2025 and 01.12.2025 and to take action in accordance with law, after issuing notices to all the concerned, if necessary. The Court itself made no finding on whether respondent Nos. 4 to 14 have incurred the claimed statutory disqualification; that determination was left to respondent No.2 acting on the representations.

Key takeaways

The writ petition was disposed of at the admission stage rather than adjudicated on the merits of the claimed disqualification.ratio¶¶61

Detailed headnote1 paragraphs

Writ Petition No. 37254 of 2025 — High Court for the State of Telangana at Hyderabad (Special Original Jurisdiction) — decided 17.12.2025 by Hon'ble Smt Justice T. Madhavi Devi. Petitioner G. Srivani, a member of Solitaire Heights Flat Owners Mutually Aided Cooperative Maintenance Society Ltd. (respondent No.3), sought a writ of mandamus declaring that respondent Nos. 4 to 14 (President, Vice-President, Joint Secretary, Treasurer, Joint Treasurer and Board of Directors of the society) had incurred automatic statutory disqualification under Section 21(6)(b) & (c) of the TMACS Act (identified in the judgment as the Telangana Mutually Aided Co-operative Societies Act, 1995) and Clause 32(F) of the society's certified bye-laws — allegedly because the General Body Meeting mandated by that Act had not been conducted — that all actions, resolutions, circulars, financial decisions and vendor approvals issued by the disqualified Committee from the statutory disqualification date (given in the supporting application as 30.09.2025) were illegal, arbitrary, ultra vires, void ab initio and unenforceable, and that respondent No.2 (Registrar/District Cooperative Officer, Hyderabad District) should assume charge of respondent No.3 society and appoint a neutral Administrator or Elders' Council until a duly constituted Managing Committee was elected. Representations submitted on 22.11.2025 and 01.12.2025 had gone unacted-upon; the Government Pleader for Cooperation undertook that they would be considered by the authorities. HOLDING: The Court did not adjudicate the claimed disqualification; it disposed of the writ petition at the admission stage, directing respondent No.2 to consider both representations and take action in accordance with law after issuing notices to all the concerned, if necessary. Miscellaneous applications pending in the writ petition stand closed; there is no order as to costs. No precedents were cited and no monetary quantum arises.