Disqualification from cooperative society membership requires adherence to eligibility criteria stipulated in bye-laws and relevant statutes.

THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITION Nos.21620 and 21747 of 2023

COMMON ORDER:

As the petitioner in both these writ petitions is one and the same and the issue involved is intrinsically interconnected, these writ petitions are taken up, heard together and are being disposed of by this common order.

2. Writ Petition No.21620 of 2023, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:

“….to issue an appropriate writ, order or direction, more particularly one in the nature of writ of certiorari by calling for the records from the Respondent No.2/Telangana Cooperatives Tribunal at Warangal in Original Petition No.02 of 2021 vide order dated 7.8.2023 disqualifying the Petitioner as Director and Chairman/President, Primary Agricultural Cooperative Society, Julurupahad, Bhadradri Kothagudem District, and set aside the same.…”

3. Writ Petition No.21747 of 2023, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:

“….to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of Respondent No.3 in issuing Proceedings Rc.No.1657/2021-D dated 9.8.2023 to intimate the disqualifying of the Petitioner and handing-over charge of the President of Primary Agricultural Cooperative Society, Julurupahad, Bhadradri Kothagudem District, in terms of Docket Order dated 7.8.2023 issued by the Respondent No.2, as illegal, arbitrary, unconstitutional and ultra-vires and contrary to the Orders passed by this Hon'ble Court in W.P. No. 21620 of 2023 vide order dated 9.8.2023, and consequently set aside the Proceedings Rc.No.1657/2021-D dated 9.8.2023.…”

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4. For the sake of convenience, hereinafter the parties will be referred as they were arrayed in the O.P.No.2 of 2021 before the Telangana Cooperative Tribunal at Warangal (for short “Tribunal”).

5. The brief facts that are necessary for disposal of the present writ petitions are stated as under:

a) An Original Petition No.2 of 2021 came to be filed by the election petitioner (respondent No.5 in W.P.No.21747/2023) under Section 61(3) of the Telangana Cooperative Societies Act, 1964 (for short “the Act”) on the file of the Tribunal questioning the election of the Writ Petitioner as Director of the Primary Agricultural Cooperative Society (‘Society’), Julurupadu Village, Bhadradri-Kothagudem District (respondent No.3 in W.P.No.21747/2023) and also as President/Chairman of Society and to hold immediate elections to the vacant post. The election petitioner claims that he is an agriculturist and Member of the Society and he is also having experience as Director of the Society. Election notification was issued for conducting elections to the Society for the post of 12 Directors on 15.02.2020. The nomination of respondent No.1 was objected by a contesting candidate from the same ward i.e, 9^th ward on 09.02.2020 stating that the respondent No.1 was not an agriculturist and possessing any landed property within the ::3::

jurisdiction of the Society and the respondent No.1 is doing business in fertilizers, pesticides and seeds and he is a businessman by profession and therefore, he is not eligible to contest as Director of the Society. The said objection was not considered by the Election Officer and subsequently respondent No.1 (writ petitioner) was elected as one of the Directors of Society on 15.02.2020 and also as President/ Chairman of the Society on 16.02.2020. Challenging the same, the election petitioner filed the said O.P.No.2/2021 on

10.03.2020.

b) The respondent No.1 (writ petitioner) has filed a counter affidav