A member of a society can contest their removal based on the society's bye-laws under Section 23 of the Andhra Pradesh Societies Registration Act, 2001.

ORDER :

K. SUJANA, J.

This Civil Revision Petition is filed by the petitioner to set aside the order dated 05.01.2024 passed in SOP SR No.4493 of 2023 by the III Additional District and Sessions Judge-Cum-II Additional Metropolitan Sessions Judge-Cum-Principal Family Court, Medchal Malkajgiri District at Kukatpally.

2. For the sake of convenience, hereinafter, the parties will be referred to as arrayed before the trial Court.

3. The brief facts of the case are that in 2020-22, the petitioner, who is residing in his own villa bearing No.150 at Indu Fortune Fields Villa, KPHB, Phase-13, Kukatpally, Hyderabad, served as the president of the Society of respondent No.1-M/s.Indu Fortune Fields Villa Owners Association (for short ‘Society’), which is registered under the Andhra Pradesh Societies Registration Act, 2001. Thereafter, in the year 2022, a new executive committee 2022-2024 was elected and immediately after taking charge from the old executive committee of respondent No.1-Society, the newly elected Committee sought for written explanation from the past executive committee 2020- 2022 in respect of the Special Audit Reports finding. It is stated that since the petitioner was in USA at that time, the other past executive committee members of respondent No.1-Society submitted written explanation as sought by the new executive committee 2022-2024. Later, in the Executive General Body Meeting of respondent No.1-Society held on 31.07.2022, a resolution was passed debarring the petitioner from assuming any position of responsibility, elected or nominated in IFFVOA forever. Hence, the petitioner filed the SOP SR No.4493 of 2023 to declare resolution dated 31.07.2022 passed in the Execution General Body Meeting of respondent No.1-Society in debarring the petitioner from assuming any position in respondent No.1- Society, as illegal, arbitrary, unreasonable and void ab-initio.

4. By the impugned order, the petition filed under Section 23 of the Telangana Societies Registration Act, 2001, (previously, Andhra Pradesh Societies Registration Act, 2001) (for short ‘the Act’) to declare resolution dated 31.07.2022 as illegal and void ab-initio, was rejected by the trial Court. Aggrieved by the same, the petitioner filed this revision petition.

5. Heard Sri Girija Shankar Sharma, learned counsel for the petitioner and Sri N.Sreedhar Reddy, learned counsel for respondents. Perused the material available on record.

6. Learned counsel for the petitioner firstly submitted that during 2020-2022, since the petitioner, the then president of respondent No.1-Society, has issued a notice to respondent No.3 and his friend namely, Sai Chintala for illegally operating a drone camera in the premises of respondent No.1-Society without any prior permission, respondent Nos.2 to 4 and their associates, having developed personal grudge over the petitioner, passed the impugned resolution dated 31.07.2022 with preplanned sketch only to take vengeance against the petitioner. He secondly submitted that though the petitioner filed a private complaint vide CCSR No.195 of 2023 and a suit vide O.S.No.62 of 2024 and SOP SR No.853 of 2024 against the respondents, the same are rejected/dismissed without appreciating the facts in proper perspective. He thirdly submitted that the trial Court has not considered the scope of Section 23 of the Act in proper perspective. In this regard, he placed reliance on the judgment of the High Court of Andhra Pradesh at Amaravathi in C.Vasudeva Rao v. State of Andhra Pradesh and others , 2023 (1) ALD 210 (AP) and judgments of the erstwhile High Court of Judicature, Andhra Pradesh at Hyderabad in C.Babu Rao v. District Registrar, Registration of Societies,