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2025 Supreme(Telangana) 2275

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J.
Ch. Rajeswar Rao and others – Appellant
Versus
State of Telangana and another – Respondent 
WP Nos.35189 and 34874 of 2023
Decided On : 24-01-2025

Advocates Appeared:
For the Appellant : B. Chandrasen Reddy
For the Respondent:Additional Advocate General

The court upheld that the removal of appointed members is lawful under the doctrine of pleasure, affirming no violation of natural justice or constitutional rights as per the Societies Registration Act, 2001.

Headnote:(A) Societies Registration Act, 2001 - Section 14 - Constitution of India - Articles 14, 21 - Writs seeking to declare the respondent's order rescinding extension of term of petitioners as illegal - Rescission held lawful due to exceeding statutory limits on term duration and lack of pre-removal notice - Petitioners' claims for reappointment without elections examined within legislative constraints. (Paras 1, 4, 14, 29, 60, 64)

(B) Doctrine of Pleasures - Applicability to nominated members; no requirement to provide notice for removal - Judicial review limitations acknowledged regarding the removal of such members. (Paras 41-60)

Facts of the case:
Petitioners, initially elected for a five-year term in 2015, alleged arbitrary termination of their extended term by G.O.Rt.No.114 dated 21.12.2023, exceeding six years as per statutory provisions leading to their termination without notice.

Findings of Court:
Rescission ruled legal; termination aligns with concurrent statutory provisions.

Issues: Whether the termination violated Article 14 and natural justice principles.

Ratio Decidendi: Court affirmed that removal adhered to statutory mandates highlighting nominated positions lack constitutional protection against political dismissals.

Result: Writ petitions dismissed; government directed to conduct timely elections for TSLDA.

Table of Content
1. writ petitions filed questioning procedural actions on extensions. (Para 1 , 2 , 4 , 5 , 6)
2. details of agency structure and past extensions. (Para 7 , 8 , 9 , 10 , 11)
3. arguments on legality of rescinding term extensions. (Para 12 , 13 , 14 , 20)
4. contentions on eligibility for reappointment and term. (Para 15 , 17 , 21 , 22 , 23)
5. legal defenses raised by respondents regarding term limits. (Para 24 , 25 , 26 , 39 , 41)
6. court's acknowledgment of lack of election for the committee. (Para 35 , 36 , 37 , 49 , 50)
7. final consideration of statutory limitations on terms. (Para 54 , 55 , 56 , 57 , 58)
8. writ petitions dismissed; elections ordered within three months. (Para 64 , 65)

ORDER :

N.V. SHRAVAN KUMAR, J.

W.P. No.35189 of 2023 has been filed seeking a writ of mandamus to declare the action of the respondent No.1 in issuing the order vide G.O.Rt. No.114 dated 21.12.2023 arbitrarily rescinding the order G.O. Rt. No.51 dated 24.05.2023, which has extended the term of petitioners for a further period of two years, before completion of the said extension and without issuing any prior notice as illegal, arbitrary, unfair and against Article 14, 21 of the Constitution of India, principles of natural justice and against all settled principles of law and consequently set aside the same.

2. W.P. No.34874 of 2023 has been filed seeking a writ of mandamus calling for the records pertaining to G.O.Rt.No.114 Animal Husbandry, Dairy Development and Fisheries (AH) Department, dated 21.12.2023 rescinding the orders issued in G.O.Rt.No.51, AHDD & F (AH) Department, dated 24.05.2023 as bad, illegal and violative of Article 14 of the Constitution of India, basides being violative of principles of natural justice; while issuing a consequential direction to the respondents to continue both the Chairman and the members of Managing Committee DLDA, Nalgonda till their term is completed on 20.07.2025 in so far as it related to the petitioner agency.

3. Since the issues fell for consideration before this Court in both the writ petitions are similar, they are being disposed of by this common order.

BRIEF FACTS IN W.P. No.35189 of 2023

4. Facts giving rise to file the writ petition is that the petitioner No.1 claims to be the Chairman of the Telangana State Livestock Development Agency (erstwhile APLDA) (hereinafter called a TSLDA) and Petitioner Nos.2 to 6 are one among 9 members of TSLDA who are Chairmen of their respective District Livestock Bodies which are registered under Societies Development Association. The TSLDA was Registered under the Registration Act, 2001 with registration No.665 of 2014.

5. The Government of India in order to improve the productivity of existing livestock had taken up a massive programme of breed improvement launched under the scheme NPCBV, re-structuring breeding operations, which involves farmers organisations by establishing state level autonomous bodies. Accordingly, APLDA was formed and further TSLDA was formed. The said TSLDA has taken gigantic task to expand artificial insemination facilities, to cover entire breedable population aiming at productivity optimisation. It is further submitted that TSLDA provides animal breeding services at farmers’ doorstep, on cost recovery basis, covering total breedable population of more than 100 lakhs cattle and buffaloes belonging to farmers spreading over all the revenue villages of the State.

6. The objectives and functions of TSLDA inter alia are to facilitate for (a) Production and procurement of quality inputs like frozen semen, Liquid Nitrogen, equipment and their timely supply, (b) Crossbreeding of cattle, up-gradation of buffaloes, maintenance and development of indigenous Germplasm in breeding tracts and assessing the breeding needs, (c) Maintenance of quality of Artificial Insemination services, (d) Standardizing methodology of Artificial Insemination and designing of training programmes, (e) Generation of self-employment of unemployed rural youth as Go

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