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S. Arun Kumar v. The State of Telangana

Court: High Court for State of Telangana

Bench: SUREPALLI NANDA

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-04-20. S. Arun Kumar v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

t32521 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) OF APRIL MONDAY, THE TWENTIETH DAY TWO THOUSAND AND TWENTY SIX PRESENT MRS JUSTICE SUREPALLI NANDA THE HONOURABLE OF 2026 WRIT PETITION NO:78 2A Between: about 52 Years' Occ Govt Employee' S. Arun Kumar, S/o. Late Bharath' aged - - Telangana State Nagar, Hyderabad nlo. S-S-tgtlS03, 35 D Vengalral PIN - 5OO 038. Member of Tte Accoun-tants beneral Office Employees Co- bp"r"ti* Htrting Society Ltd , Admrssron Member Ship No 2BlB ... PETITIONER AND 1. The State of Telangana, Rep' by the Principal Secretary to the Government of bund' Hyderabad' T;;"g";r, Cooper-ation Department, Secretariat' Tank S-ocieties Registrar of Cooperative 2. The Commissioner for Cooperation and Lf Ttl"ng'n", 3id Floor' Gruhakalpa Building' Telangana , Government Nampally, HYderabad. 3.

The Deputy Registrar of Cooperative Society' Secunderabad Division' - HyOeraOaO' Repl oy iis Deputy Registrar of Cooperative Society- Secunderabad Division at Hyderibad olo stn Floor' Near To Gandhi Bhavan 500 n'fl . l noaO, Nampally' Hyderabad' Telangana metro station, Gruhkapta, 001 Office Employees Co-Operatve^Housing 4, The Accountants General }":l:ty bY its L;narrman . r rru - No T A 68, Represented Limited, Hyderabad Regd. office' Flat No 201' 2nd Mr. Mohammed Osmari O/o. Accountants General Hyderabad. , T. s. complex, saifabad, Floor, H. No. 5-g_13/201 , rlramanoat PrN- 500 004. Telangana' Election Authority state cooperative 5. The Additional Registrar " station' ftoor, Neai To Gandhi Bhavan metro nva. trO"O - O/o. - Stn Cirf,xipi, M. J. Road, Nampally, Hyderabad' Telangana 500 001' ...

RESPONDENTS Petition under Article 226 of lhe 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, orders or direction more particular in the nature of writ of Mandamus declaring the action of the Respondents as unconstitutional and urges this Hon,ble court be pleased to direct the Respondents to consider my Representation Letter Datecj 03-03-2023 and to conduct Respondent No 4 soctety election expedtte. Counsel for the Petitioner: SRI HARINATH REDDY. P Counsel for the Respondent Nos. 1,2,3&5: AGP FOR COOPERATION Counsel for the Respondent No. 4: SRI M. VENKAT DIWAKAR' SC FOR COOPERATIVE HOUSING SOCIETY LTD The Court made the following: ORDER t:' HON'BLE MRS. JUSTICE SUREPALLI NANDA ETI NN . 7828 0F DATE D:20. 04. 2026 Between: Sri S. Arun Kumar .. Petitioner And The State of Telangana and Others .... Respondents ORDER: Heard Sri P.

Harinath Reddy, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Cooperation appearing on behalf of the respondent Nos. 1, 2, 3 & 5 and Sri M. Venkat Diwakar, learned standing counsel appearing on behalf of the respondent No. 4. 2. The oetitioner aooroached the Court s kinq oraver as under: ".... to issue a writ Order, Orders or direction more particular in the nature of Writ of Mandamus declaring the action of the Respondents as unconstitutio na I and urges this Hon'ble court be pleased to direct the Respondents to Consider my Representation Letter Dated 03. 03. 2023 and to conduct Respondent No. 4 Society election expedite and to pass.. -. " + 3. The case of the oetitioner in brief as Der the ave rments made in the affid avi t filed bv the p etitioner in suoDort of the oresent writ Detition tsasu der: The petitioner is a member of the 4th Tespondent society.

Despite the lapse of more than one and a half years, the official respondents have failed to conduct elections to the soclety and have been repeatedly extending the tenure of the person_in_ Charge (PIC) without assigning any written reasons, thereby violating the statutory provisions of the Telangana Co_operative Societies Act, 1965 and infringing the constitutionar rights of the members It is the further the case of the petitioner that since the appointment oF the plc on 19. L2. 2024, no general body meetings have been conducted, the accounts have not been audited, and the affairs of the society are being mismanaged. The petitioner, on an earrier occasion, had initiated arbitration proceedings in A. R. C. No. 4 of 2023, which were allowed on 06. O7. 2024, directing the sale of the remaining land and distribution of the proceeds among the members. The pIC misused the said order by disposing of the society,s property without following due process or conducting a public auction.

The petitioner had submitted a representation dated 03. 03. 2025 J seeking conduct of elections; however, no action was taken as on date. The respondents allegedly cited non-finalisation of voter lists, which is contrary to the applicable circulars. Even after the transfer of the PIC on 09. 10. 2025, the tenure was allegedly extended illegally. Aggrieved by the continued inaction of the respondents, the petitioner had approached this Court by filing the present writ petition. PERUSED THE RECORD DISCUSSION AND CONCLUSION :- 4. The limited relief sought by the petitioner in the present writ petition is a direction to the respondent Nos. 3 & 5 to consider the grievance of the petitioner as put-forth vide petitioner's representation, dated 03. 03. 2025 addressed to the 3.. d respondent herein, pertaining to initiation of election process for Accountant General Office Employees Cooperative Housing Society Ltd. ( TA,68) expeditiously. 5.

Learned counsel appearing on behalf of the petitioner submits that the present writ petition could be disposed of by directing the respondent Nos. 3 & 5 to consider the grievance of the petitioner, as put-forth vide petitioner's I representation, dated O3. O3. 2O25 addressed to the 3. d respondent herein, which was duly acknowledged on the same day i. e. , O3. 03. 2O25, pertaining to initiation of election process for the Accountant General Office Employees Cooperative Housing Society Ltd. ( TA. 6g) expeditiously, as per the rerevant guiderines in force as on date. 6 Lear ned Assi tant Governm ent Plea der for o ratio a artn on half t h r n tN 1 2. 3&5 does not d isoute the s aid submi ssion mad ebv he n cou sel ear n beh lf of h ti er. 7.

Taki tn c n sider tion: (a) The aforesaid facts and circumstances of the case, (b) The submissions of the learned counsel appearing on behalf of the petitioner and learned Assistant Government pleader for Cooperation appearing on behalf of the respondent Nos. 1, 2, 3 & S on record (c) The contents of the petitioner,s representataon dated O3. 03. 2O25 addressed to the 3'd respondent herein pertaining to initiation of election process for the Accountant General Office Employees Cooperative Housing Society Ltd. ( TA. 68) expeditiously. The writ D etition is diso ose do f directino the resoondent Nos. 3 & 5 to consider the orievance of the er as ut-forth vid dated O3. O3. 2O25 addressed to the 3rd iesoondent herein which was dulv acknowledqed on the same dav i. e. , 03. O3. 2025 oertainino to initiation of the eleetaon Drocess for the Accountant Ge neral Office Emolovees Coooerative Housino Societv Ltd TA.

68) exoeditiouslv, within a rl eeks from the dat of et tof t ul takin tn n n h quidelines issued vide Rc. No. OS/SCEA/? OLA, dated 15. 07. 2O21 bv the resoondent No. 5 and oass aoorooriate r communicate the de ton on eti ner' , reDresentation. dated 03. 03. 2O25 to the oetitioner. I However, there shal! be no order as to costs. I i I I Miscellaneous petitions, if any, pend ing in this Writ r Petition, shall stand closed. 1 I SD'-A. H. S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY// G SECTION OFFICER To, Telangana' Cooperation the Government- of 1 . The Principal Secretary to Departmeni, Secretariat, Tank bund, Hyderabad' 2. TheCommissionerforCooperationandRegistrarofCooperativeSocieties, Building' 3-rd Floor' Gruhakalpa Telangana Governme-ni-[iitr"ng'n'' NampallY, HYderabad. t*" 3. The Deputy Registrar of Cooperative Society, Secunderabad Division, Hyderabad Rep. by its Deputy Registrar bf Cooperative Society- Secunderabad Division at Hyderabad 0/o.

5th Floor, Near To Gandhi Bhavan metro statron, Gruhkapla, M J. Road, Nampally, Hyderabad, Telangana 500 001. 4. The Accountants General Office Employees Co-Operative Housing Society Limited, Hyderabad Regd. No T. A. 68, Represented by its Chairman & PIC - Mr. Mohammed Osman O/o Accountants General office, Flat No. 201 , 2nd Floor, H No. 5-9-13/201, Taramandal Complex, Saifabad, Hyderabad. , T S. PrN- 500 004 5. The Additional Registrar State Cooperative Election Authority Telangana, Hyderabad - Oio. 5th Floor, Near To Gandhi Bhavan metro station, Gruhkapla M. J. Road, Nampally, Hyderabad, Telangana 500 001. 6. One CC to SRI tvl VENKAT DIWAKAR, SC FOR COOPERATIVE HOUSTNG socrETY LrD [OPUC] 7. One CC to SRI HARINATH REDDY P, Advocate [OPUC] 8. Two CCs to GP FOR COOPERATION, High Court for the State of Telangana, at Hyderabad [OUT] 9. Two CD Copies PMK Y\. , BS ( HIGH COURT CC TODAY DATED: 2010412026 I \ -i,i=T,fti;-1',.. 7. /. :' t/r't " . ,::i'<"' \ 'C)\ . i.. -. ' i, ): 'r.

\\ iii 2t)2i rElrq\ is'i) r,. -. .! , ll ORDER \. 2. $. :,//' 'h \'. ' + t2 r! \i-,);. ,.. , -.. .. i'-. l'' ''.. =r2+ra'- WP. No. 7828 ot 2026 . DISPOSING OF THE WRIT PETITION WITHOUT COSTS -dd i I H-

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