ORDER :

Heard Sri Kowturu Pavan Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Cooperation for Respondent Nos.1 and 6, learned Assistant Government Pleader for respondent Nos.2 to 5 and Sri Nageswara Rao Repakula, learned counsel appearing for respondent Nos.7 to 27.

2. W.P. No.1617 of 2021 is filed for the following relief.

“…. to issue Writ of Mandamus, declaring the voters list dated 16.01.2021 published by the Respondent No.4 to the extent it included 21 ineligible persons at Sl.Nos.118 to 138 as illegal, arbitrary and violative of Secs. 19 and 25 of the Telangana Cooperative Societies Act, 1964 and Rule 22 of the Telangana Cooperative Societies Rules and violative of the order dated 15.12.2020 passed by the Hon’ble High Court in W.P. No. 22607 of 2020 and consequently direct the respondent Nos.3, 4 and 6 to conduct elections to respondent No.5 society with the existing 117 eligible voters as on 11.02.2019”.

3. W.P. No.22607 of 2020 is filed for the following relief.

“…. to issue Writ of Mandamus, declaring the inaction of the respondent Nos.2 and 3 in conducting elections to the Respondent No.4 society despite the fact that the terms of the earlier Committee of the Respondent No.4 Society had expired way back on 11.2.2019 as illegal, arbitrary and violative of the scheme of the Telanganan Cooperative Societies Act, 1964 and consequently direct the respondent Nos.2 & 3 to conduct the elections to the respondent No.4 society immediately for constitution of the Managing Committee in accordance with law”.

Brief facts of the case are as under:

4. The petitioner submits that he is a member of respondent No.5 Fishermen Cooperative Society. He was Director in the previous body and term of the Managing Committee of the society had expired on 11.02.2019. On 17.02.2019 respondent No.5 Society passed a resolution that the elections to the Society to be conducted expeditiously and necessary challan was duly paid. However, without conducting elections, respondent No.2 had issued proceedings Rc.No,.3169/E2/2019, dated 2.01.2020 appointing Fisheries Development Officer, Khammam/respondent No.4 as official person-in-charge to the Society for a period of six months or until elections conducted to the Society. He states that as on the date of expiry of tenure of the Managing Committee of the Society 117 members were existing.

4.1. He further submits that the petitioner and other members of the Society made several representations to the respondent authorities to conduct elections. When they failed to consider the same, the petitioner had approached this Court and filed W.P.No.22607 of 2020 questioning the inaction of the respondents 2 & 3 in conducting elections to the Society. This Court granted interim direction on 15.12.2020 directing the respondent No.4 society to complete the process of preparation of voters list and place the same before the Telangana State Cooperative Election Authority (respondent No.6 in W.P.No. 1617/21), within a period four (4) weeks.

4.2. He also submits that the petitioner came to know through information furnished under Right to Information Act, 2005 dated 25.11.2020, that the person-in-charge of the Committee had illegally entered the names of 21 new members in the records of the Society on 13.01.2020. Further, the respondent No.3 addressed a letter to the respondent No.2 vide Letter No.1017/A/2020, dated 28.11.2020 and sought clarification as to from which date the 21 persons should be treated as members of the Society i.e. whether from the date of payment of share capital or date of issuance of order by respondent No.3 or from the date of entries in the Society records by official person-in-charge for taking necessary action for preparation and publication of voters list. In the said letter respondent No.3 stated that about 21 persons have been ordered to be made new members of the Society, Vallabhi vide Letter No.262/A/2017, dated 25.07.2017, and the then President of the Societ