Telangana High Court
WP/24369/2004 of K.K.D.Prasad, Vs The Registrar/Commissioner, on 29 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 24369 of 2004 Between: K.K.D.Prasad, S/o. late K.Butchaiah, Aged about 48
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDY
WRIT PETITION NO : 24369 of 2004
Between:
K.K.D.Prasad, S/o. late K.Butchaiah,
Aged about 48 years, Employee,
HAL, Balanagar, Hyderabad-42
AND
..... PETITIONER
1. The Registrar/Commissioner,
A.P.Co-op. Societies, Nampally, Hyderabad
2. District Co-op Officer, Ranga Reddy District, Samrat Complex, Opp.Reserve Bank of India, Hyderabad.
3. Divisional Co-op.Officer, Hyderabad (West)
Division, R.R. District.
4. Hindustan Aeronautics Employees Co-op. Housing Society Ltd.
TBC 269, Survey No.77, Hafeezpet Village, Serilingampalli Mandal, Ranga Reddy District, Rep. by its Managing Committee.
Petition filed under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein, the High Court will be pleased toissue a writ of Mandamus or any other appropriate writ, order or direction, declaringthe action of the respondents 1 to 3, in not initiating proceedings against themanaging committee of the 4[th] respondent society, for their irregularities, inpursuance of the show cause notice issued by the 2[nd] respondent VideR.C.No.118/2001.p dated 11-12-2003, as illegal and consequently direct therespondents 1 to 3, to initiate the proceedings against the managing committee ofthe 4[th] respondent society by appointing official person in charge, and pass suchother order or orders as the Hon’ble Court may deem fit and proper in thecircumstances of the case.
Counsel for the Petitioner:MR.P.N.MURTHY
Counsel for the Respondents 1 to 3: GP FOR COOPERATIONCounsel for the Respondent No.4 : Mr.D.V.Bhadram The Court at the stage of admission made the following :
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ORDER:
The petitioner claims to be the member of the 4[th] respondent-society. According tohim, though the term of the elected committee expired, the members of thatcommittee were being appointed as persons-in-charge. Petitioner made severalallegations of mismanagement against some of the members, and that it is not advisable to continue them as persons-in-charge.
At the stage of admission learned counsel Sri D.V.Bhadram, has taken notice onbehalf of the 4[th] respondent. He has placed before this Court an order dated 27-12-2004, whereunder the Deputy Registrar of Cooperative Societies, had appointedthree individuals as persons-in-charge. He has also placed a copy of theproceedings dated 17-12-2004, issued by the District Collector-cum-ElectionAuthority, wherein the elections to the 4[th] respondent- society were proposed to beheld on 30-01-2005.
Heard the learned counsel for the petitioner, learned Government Pleader forCooperation and Sri D.V.Bhadram, learned counsel for the 4[th] respondent.
Inasmuch as the elections for the managing committee of the 4[th] respondent havealready been declared and notified, the grievance of the petitioner standssubstantially redressed. To ensure fairness and impartiality in the election,particularly having regard to the dissentions among the members, it is directed thatthe election shall be held completely under the supervision of an official, nominatedby the election authority. The committee of persons-in-charge shall handover the entire record to the person so nominated, and such committee shall not have any role to play in the election.
The writ petition is accordingly disposed of. There shall be no order as to costs.
_______________________
L. NARASIMHA REDDY, J.
Dt.29-12-2004
KO
To
1. The Registrar/Commissioner,
A.P.Co-op. Societies, Nampally, Hyderabad
2. District Co-op Officer, Ranga Reddy District, Samrat Complex, Opp.Reserve Bank of India, Hyderabad.
3. Divisional Co-op.Officer, Hyderabad (West)
Division, R.R. District.
4. Hindustan Aeronautics Employees Co-op. Housing Society Ltd.TBC 269, Survey No.77, Hafeezpet Village,TBC 269, Survey No.77, Hafeezpet Village, Serilingampalli Mandal, Ranga Reddy District, Rep. by its Managing Committee.
5. 2 CCs to G.P. for Cooperation, High Court of A.P., High Court Buildings,Hyderabad (OUT).
6. 2 CD copies.