ORDER

Challenge in this Writ Petition is to the order of the 3 rd respondent No. 3 in proceedings Rc. No.4100/2023-

MACS/Comp., dated 09.12.2023 passed under Section 21(6)(a) of the Telangana State Mutually-Aided Cooperative Societies Act, 1995 (hereinafter referred to as ‘1955 Act’, for brevity) disqualifying the entire board of petitioner Cooperative Society without following due process of law as being illegal, arbitrary and in violation of the rights of petitioner granted under the Constitution of India.

2. The case of petitioner is that it is the Society formed and registered under the 1995 Act, having primary societies of members involved in the business of milk production and procurement from its members at village level and sale to prospective consumers within the State of Telangana and outside the State for the benefit of its members and farmers. As on date, petitioner Society consists of about 275 eligible members with a Board of 15 members as Directors. As per the bye-laws of petitioner Society, three Members of the Board shall retire every year upon their completion of term of their office of five years and the vacancy so arising shall be filled by way of conducting election to be held on 30th September every year. It is stated that as three vacancies have arisen in 2023 and petitioner Society vide Board Resolution dated 25.07.2023 resolved to conduct election and appointed Sri G.V.

Hanumantha Rao as Election Officer to conduct the election;

vide communication dated 11.08.2023, all the relevant material as regards requirement of conduct of election had been duly submitted to Election Officer; vide communication dated

17.08.2023, a Draft Schedule of election program has been communicated to Sri G. V. Hanumantha Rao; hence, election notification dated 01.09.2023 has been issued to public in general under Rule 22(8)(a) of the 1995 Act fixing the date of receipt of nomination as 19.09.2023, 20.09.2023 and 21.09.2023 from 11.00 AM to 3.00 PM at Mother Dairy, Hayathnagar Meeting Hall. As per the said Notification, scrutiny of nomination so filed shall be done on 22.09.2023 and date of withdrawal was fixed as 23.09.2023. The final list of the members participating in the election shall be declared on 23.9.2023 after 5.00 pm. Further, it is stated that if at all nominations are limited to members of the vacancy and the said members would have to be declared as unanimous, the same shall be declared on 23.09.2023 after 5.00 PM and on the contrary, if there are more members than number of nominations that required for the vacancy, date of election was fixed as 27.09.2023 to be held between 8.00 a.m. and 1.00 p.m and counting of votes of election so held shall be declared after

2.00 p.m. on the very same day. Petitioner further contended that the said resolution to conduct election, appointment of Election Officer, subsequent notification for conduct of election had been duly submitted to the Office of the 3rd respondent i.e., The District Cooperative Officer, Ranga Reddy District and it is only with the consent of the 3rd respondent that procedure had been adopted in accordance with the Act. It is stated that as per the definition of ‘Society’ in the bye-laws, a member shall be eligible to vote if at all he has produced milk quantity of 15,000 liters per annum; and any flaw in the said production to the substantial level shall make the member lose his right to vote.

However, few members of the Society have addressed letters dated 02.09.2023 and 04.09.2023 seeking clarification regarding eligible voters list for conduct of proposed election and have raised objections to certain members who become ineligible to vote due to various reasons as mentioned in the respective letters. Accordingly, petitioner Society and the existing Board had no other option but to postpone the election pending finalization of voters list. Acco