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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.MADHAVI DEVI
Saket Engineering Pvt. Ltd. – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
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| 1. writ petitions filed concerning society registration and elections. (Para 14493) |
ORDER :
T. Madhavi Devi, J.
W.P.No.14493 of 2023 has been filed by the writ petitioner/promoter of the project seeking a Writ of Mandamus declaring the action of the District Cooperative Officer, Medchal Malkajgiri District, in registering the Mutually Aided Cooperative Society under the name of “Saket Bhu Sattva Phase-I Villa Owners Mutually Aided Cooperative Maintenance Society Ltd.” bearing Registration No.TS/MLKG/ MACCS/2023-30/FOW&M, without an application being filed by the petitioner (which is the builder and promoter of the project) and at the instance of residents of a phase of the real estate project named “Saket Bhu Sattva” to the exclusion of the residents of the other phases as being without jurisdiction, and as illegal, arbitrary and contrary to the provisions of the Telangana Mutually-Aided Cooperative Societies Act, 1995 (for short, “TMACS Act”) and the Real Estate (Regulation and Development) Act, 2016 (for short, “RERA Act”) and the Apartments (Promotion of Construction and Ownership) Act and Rules 1987 and consequently to set aside the registration and to pass such ot
The registration of a cooperative society must involve the project promoter and comply with statutory procedures to avoid legal ambiguities and ensure fair representation.
Registration of a society requires a minimum of 21 members under the Telangana Mutually Aided Cooperative Societies Act, and failure to meet this requirement renders the registration invalid.
The court emphasized that registration of a Cooperative Housing Society without following proper jurisdictional authority and principles of natural justice is void ab initio.
The court affirmed that the formation of an apartment owners' association must comply with the KAO Act for residential units, and registration under the KCS Act is not legally sustainable.
The central legal point established in the judgment is the application of Section 4 of the Gujarat Cooperative Societies Act, 1961, particularly the proviso, to determine the eligibility for registra....
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