Point of Law: When statutorily engrafted redressal mechanism is provided on wide spectrum of issues concerning a Society, Court should not entertain writ petition and decide upon issues concerning affairs of Society including a possible termination of membership even before decisions are made by General Body of Society, when Section 31-A vests wide powers in Executive Committee and far wider powers in General Body under Section 30.

ORDER :

1. Heard Sri. Bikki Raveendra Babu, learned counsel for the petitioner in W.P. No. 20367 of 2021, Sri. Subramanyam Daraboina, learned counsel for the petitioner in W.P. No. 20444 of 2021, learned Government Pleader for Cooperation appearing for respondents 1 to 3 in W.P. No. 20367 of 2021 and respondent Nos.1 and 2 in W.P. No. 20444 of 2021 and Sri. Kadiyala Ravi Chandra Mohan, learned counsel appearing for respondent Nos.4 to 9 in W.P. No. 20367 of 2021 and respondent No. 3 in W.P. No. 20444 of 2021.

2. In these two writ petitions, petitioners challenge convening General Body Meeting of Telugu Cine Workers Co-operative Housing Society Limited (for short ‘the Society’) on 29.08.2021. As the substantive issue is same in both the writ petitions, they are disposed of by this common order.

3. In W.P. No. 20444 of 2021, the main grievance of the petitioner is only with reference to convening General Body Meeting by the Managing Committee comprising of members against whom serious allegations are levelled and the Enquiry report dated 31.07.2021 points out grave illegalities committed by them. It is the case of petitioner that the said Managing Committee ought not to have convened the General Body Meeting. In W.P. No. 20367 of 2021, in addition to this aspect, petitioner also expresses grievance of the General Body Meeting taking up other issues in the list on items specified in the Agenda which include removal of members and apprehends that the General Body may pass a resolution removing the petitioner from the membership. Therefore, petitioner contends that the present Executive Committee should not preside over the General Body Meeting and an officer appointed by the Registrar should preside over the General Body Meeting.

4. Vide G.O.Ms. No. 658, Revenue (ASN-III) Department, dated 04.07.1994, Government allotted Ac. 67.16 guntas of land in Sy. No. 246/1 of Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District for the benefit of workers working in various activities relating to production of Movies, Serials and other entertainment content. The Society is formed to look after the welfare of cine workers in whose favour the land was allotted. It is a Society registered under the Andhra Pradesh Co-operative Societies Act, 1964 (for short ‘the Act 1964’). The affairs of the Society are managed by the Managing Committee elected by the members of the Society.

5. The members of the Society lodged complaint with the Registrar alleging that the members forming part of the Managing Committee have indulged in lot of illegalities defeating the very objective of allotment of land by the Government, the objective of the Society and the bye-laws which govern functioning of the Society. The complainants alleged that the members of the Managing Committee resorted to admission of illegal members, minors and spouses of existing members, allotted flats/row houses to ineligible members, cancellation of allotment of flats/row houses to main members during the Covid-19 pandemic period, irregular construction of row houses, duplex houses, misappropriation of funds by IVRCL in collusion with Managing Committee and so on. Based on the said complaint, the Registrar in exercise of power under Section 51 of the Act, 1964 ordered enquiry appointing Smt. K. Anitha working as District Cooperative Audit Officer, Ranga Reddy District as Inquiry Officer. The Inquiry Officer submitted report.

6. The report was forwarded to the President of the respondent- Society directing him to place the report before the General Body. In compliance of the said direction, the Executive Committee called for meeting of General Body on 29.08.2021. In the notice issued by the Secretary on 12.08.2021, convening a meeting of the General Body on 29.08.2021, he has indicated the Agenda of Items to be discussed in the General body, which includes several other aspects of the Society in addition to discussion on report of the enquiry conducted under Section 51 of the Act, 19