HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.7909 OF 2023

ORDER:

Heard learned counsel for petitioners and learned Government Pleader appearing on behalf of respondents.

2. The learned Government Pleader appearing for respondent Nos.1 to 5 submits that the letter was addressed by the office of the District Collector, Sangareddy vide Lr.No.F1/2051/2006-PIC-1 dated 08.11.2023 to the District Co- operative Officer, Sangareddy to take necessary action to proceed with the action plan to conduct election along with team as per the Co-operative Rules as done in all the other Co-operative Societies.

3. In response to the said letter, the District Co-operative Officer addressed to the District Collector, Sangareddy on

18.07.2023 which reads as under:-

“ I Invite kind attention to the subject and references cited. It is to submit that the term of the DRO/Person In Charge of the Industrial Employees Cooperative House Building Society Ltd., Bandlaguda is extended for further period of one year beyond 31-03-2023 U/s 32(7)

(a) of the TCS Act, 1964 vide reference 1st cited.

In this regard, it is submitted that as per Rule 22 of the TCS Rules, 1964 as amended vide GO.Ms.No.1 Agril & Coopn(Coop.II) Dept Dated:-04-01-2018, the incumbent Managing Committee/ Person In Charge committee of the society shall submit elections proposals atleast (60) days before of the expiry of the term to the State Cooperative Election Authority for conduct of elections to the society. The proposals specified in Sub Rule (1) shall contain the following details.

a. Name of the society b. Details of registration of the society (Registration No. Date)

d. Details of PIC Committee e. Details of last election held and date of expiry of the term f. Composition of Managing Committee proposed to be elected Further, as per the Rule 22(6) of the Act, the Person In Charge Committee of the society shall prepare and publish the list of members eligible to vote, on the notice board of the society. It shall indicate the following details.

1. Sl.No.

2. Admission Number/General Number

3. Date of Admission

4. Name of the member

5. Fathers Name 6. Village/Locality

7. Age

8. Community

9. Gender

10. Pass Port size Photo of the voter

11. Election fee through Demand Draft, drawn in favour of SCEA, TS, Hyderabad After preparation of voters list the PIC shall invite the claims objections from the members.

Then the voters list shall communicate to the Registrar/Dist.Coop. Officer for verification and approval. After verification the Registrar/Dist. Coop. Officer with certification will submit such final, voters list to the State Cooperative Election Authority for issue of election notification and appointment of election officer for conduct of elections to the Managing Committee of the society in accordance with rule 22(BA) of the TCS Rules.

It is also to submit that every Cooperative society shall follow the mandatory procedure for preparation of voters list and conduct of elections as stipulated under the Cooperative Societies Act, 1964.

It is further submitted that the parawise remarks in W.P.

No.7909/2023 filed by Krishna Murthy & 7 others against Industrial Employees Cooperative House Building Society Ltd., Bandlaguda were filed before the Hon'ble High Court, Hyderabad vide reference 4th cited.

In view of the above, I submit that the DRO/PIC of the Industrial Employees Cooperative House Building Society Ltd., Bandlaguda to prepare the voters list as stipulated therein the rule 22 of the TCS Rules 1964 and submit the election proposals so as to enable this office to forward the same to the State Cooperative Election Authority TS, Hyderabad for issue of election notification and appointment of election officer for conduct of elections to the Managing Committee of the Industrial Employees Cooperative House Building Society Ltd., Bandlaguda at an early date.”.

4. At this juncture, the learned counsel for petitioners submits that as per Rule 22 (6) of the Telangana Co-operative Societies Rules, 1964 election