ORDER :

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.1 to 4 in appointing the respondents No.8 to 16 as non-official person-in-charge for the respondent Nos.5 to 7 societies at the instance of local MLA through G.O.Rt.No.849, dated 05.12.2022 on the file of the 1st respondent and consequential Proceedings in Rc.No.194/2018-C, dated 09.12.2022 on the file of the 4th respondent are contrary to the orders of this Hon’ble Court made in W.P.No.21690 of 2022 and batch dated 30.09.2022 and contrary to the judgments of Division Bench of this Hon’ble Court in the matter of M. Ranga Reddy vs. State of A.P. & another, B. Kota Mallaiah vs. Commissioner & Registrar of Cooperative Societies & Gottipati Rama Rao vs. Special Cadre Deputy Registrar and others (Reported vide 1991 (3) (ALT) 532 is highly illegal, arbitrary, unconstitutional, in violation of Article 14 and contrary to Section 32 (7)(a)(i) of APCS Act, 1964, set aside the same, and consequently direct the respondent Nos.1 to 4 to continue the petitioners as non official person-in-charge committee of the respondents No.5 to 7 Society till the elections to be conducted and pass such other order or orders ….”.

2. Initially three petitioners filed the above writ petition against sixteen respondents. When the matter was listed on 13.12.2022, learned counsel for the petitioners sought permission to withdraw the writ petition on behalf of petitioner Nos.2 and 3 with liberty to file fresh writ petitions. Accordingly, permission was accorded. Writ petition was dismissed, as withdrawn, on behalf of petitioner Nos.2 and 3.

Learned counsel for the petitioners also sought permission to withdraw the writ petition against respondent Nos.6, 7 and 11 to 16. Accordingly, permission was accorded and writ petition against respondent Nos.6, 7 and 11 to 16 was dismissed as withdrawn.

3. The case of the petitioner, in brief, is :

Petitioner along with two others was elected as three man person-in-charge committee of respondent No.5/society during the elections held in 2013. Since elections were not conducted after expiry of the period, term was extended for a period of six months through proceedings dated 10.08.2019. The said period was extended from time to time, through proceedings, dated 31.07.2020, 30.01.2021 and 31.01.2022. As the matter stood thus, local MLA, by letter dated 15.07.2022 recommended names of his henchmen for appointing them as three-man person-in-charge committee of respondent No.5 society. Challenging the same petitioner along with others filed W.P.No.21690 of 2022, pending which interim direction was given to continue petitioner and two others as person-in-charge till election is conducted or until further orders. Pending W.P.No.21690 of 2022, respondent No.4, by proceedings dated 02.08.2022, extended the term of three-man person-in-charge committee of respondent No.5/society. The said writ petition along with other writ petitions was disposed of on 30.09.2022. After disposal of the writ petition, respondent No.1 issued G.O.Rt.No.849, dated 05.12.2022, wherein respondent No.8 was appointed as Chairman and respondent Nos.9 and 10 were appointed as members of respondent No.5/society. Pursuant to said G.O. respondent No.4 issued proceedings vide Rc.No.194/2018-C, dated 09.12.2022 appointing respondent Nos.8 to 10 as three-man person-in-charge committee of respondent NO.5/society till 30.01.2023 or till elections are conducted or until further orders, whichever is earlier. Assailing the same, present writ petition is filed.

4. Counter affidavit is filed by respondent No.4 on its behalf as well as on behalf of respondent Nos.1 to 3. It was inter alia contended that three man person-in-charge committee for respondent No.5/society was appointed by exercising power under Se