HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 1580 OF 2023

O R D E R :

This Writ Petition arises from the dissatisfaction of petitioner with the order dated 13.12.2022 in CTA No. 11 of 2021 on the file of the Chairman, Telangana Cooperative Tribunal, Warangal, through which proceedings dated 29.10.2021 which approved expulsion of petitioner vide proceedings of the 4th respondent dated 25.10.2021, from the 4^th respondent Society, were confirmed.

2. It is the case of petitioner that he was a member of the 4th respondent Society situated in Narayanpur, Gangadara Mandal, Karimnagar District with ID No. 0324290401028, dated 11.10.2004 and since then, he has been in the profession without any complaints. He asserts that though the society initially intended to grant membership to members’ children, an exception was made in the case of his sons allegedly on the premise that they belong to a different community with the apprehension other community members would increase. For doing so, the Society accused his sons of theft of toddy which belongs to other members and engaged in character assassination by disseminating defamatory content against his sons on Mahasakthi TV, a you tube channel. Consequently, his sons filed a private complaint before the Judicial First Class Magistrate leading to notices issued by the Society on 27.09.2021 and 04.10.2021 with an intent to expel him from the Society. In this regard, petitioner denies any involvement in the disputes between the Society and his sons. It is stated that his sons’ membership tests were unreasonably denied by the Society, citing baseless accusations disseminated through social media. Subsequently, police closed the complaint filed by his sons after filing a final report.

It is stated that the 4^th respondent alleged that he is a member of Sheep Breeding Cooperative Society, Narayanpur and is acting against the interests of the 4^th respondent Society causing financial loss. The President of the Society proposed to cancel the membership and management committee made resolution to expel him from the society vide notice dated 23.09.2021 for which, he is stated to have responded on 27.09.2021, and the Society issued show cause notice on 04.10.2021 and he got issued reply on 08.10.2021, however, the 4th respondent decided to expel him issuing another notice to attend the general body meeting on 22.10.2021, to which, the petitioner did not attend. Subsequently, proceedings of expulsion were passed on 25.10.2021 and the said proceedings were approved by the 3^rd respondent on 29.10.2021. Aggrieved by the same, petitioner filed CTA No. 11 of 2021 which was also dismissed with costs on 13.12.2022 holding that his expulsion is proper and valid. Hence, the Writ Petition.

3. This Court by order dated 20.01.2023 while issuing notice before admission, directed the respondents to maintain status quo for, during the pendency of the Appeal, there was interim stay in favour of petitioner allowing him to continue as member of the Society.

4. The District Prohibition & Excise Officer, Karimnagar District, the 3^rd respondent filed vacate stay petition along with counter stating that petitioner’s sons do not belong to Gowda community and they never approached the Department for society membership. It is stated that an enquiry was conducted based on the representation of PTCS, Narayanpur dated 12.02.2021 with the Station House Officer, Karimnagar (Rural) and it is reported that petitioner violated Sections 23(1), 23(2) and 23(3) of the Telangana Cooperative Societies Act. According to this respondent, petitioner held membership in Sheep Breeding Cooperative Society Limited, Narayanpur and his sons engaged in unauthorised tapping of toddy trees, constituting illegal activities against the Society. It is stated that all the facts of the case were submitted before the Telangana Cooperative Tribunal, Warangal basing on the enquiry report submitted by the Station House Officer and accordingly, the Tribun