2024 Supreme(Online)(TEL) 446
THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION Nos.21672 and 35012 of 2022
ORDER
Since the issue involved in both these writ petitions is intrinsically interconnected, they are taken up, heard together and are being disposed of by this common order.
2. Writ Petition No.21672 of 2022, under Article 226 of the Constitution of India, is filed by the petitioners, seeking to declare the action of respondents in not conducting elections to the Managing Committee of the respondent No.7-Journalists Cooperative Housing Society Limited (hereinafter referred as “Society”), as per the directions of this Court in Writ Petition No.99 of 2021 dated
24.03.2021, as illegal, arbitrary and consequently prayed this Court to direct the respondent Nos.2 to 6 to forthwith hold elections to the Society by including the names of the petitioners and all the members in the Voters List who were admitted to the Society between the years 2002 and 2020 as eligible voters.
3. This Court vide interim order dated 28.04.2022 granted liberty to the petitioners to make a detailed representation to the respondents for continuing their names in the list of members of the Society and on making such representation, the respondent Nos.3 to 6 were directed to consider the same within a period of three weeks ::2::
- from the date of making such representation and in any case before issuance of election notification for conducting elections to the Society. When the representation submitted by the petitioners was rejected, W.P.No.35012 of 2022 has been filed.
4. The brief facts that are necessary for disposal of the present writ petitions are stated as under:
5. The petitioners are claiming to be members of the respondent No.7-Society (hereinafter referred as “Society”), which is registered under the provisions of Cooperative Societies Act, 1964 (hereinafter referred as “Act, 1964”) for the welfare of working journalists in print and electronic media. According to the petitioners, presently there are 1459 members on the rolls of the Society, who are eligible to participate in election of managing committee of the Society. It is the case of the petitioners that they have paid required share capital as per the provisions of the Act, 1964 and also completed the mandatory period of one year to become eligible to participate in the election process. It is further case of the petitioners that general body being the Apex Body has approved their membership and also sent proposals to respondent Nos.3 and 4 and the respondent No.1-
- Government taking into consideration the services of working journalists has allotted the land in favour of Society on concessional market rate. It is further case of the petitioners that the Government ::3::
- issued G.O.Ms.No.1 Agriculture & Cooperation Department dated 04.01.2018 by amending the existing Rules under the Act, 1964 and inserted Rule 22A, 22B, 22C and 22D for conducting elections to the cooperative societies. As per the said provisions, the managing committee of the Society shall, atleast 60 days before the expiry of term of the committee, submit proposals for conduct of elections to the Society. After complying with the procedure prescribed under the above said rules, the election notification will be issued by the authority constituted under Section 31B of the Act. The case of the petitioners is that managing committee of the society has prepared voters list on 29.06.2020 and requested the members to verify and file objections before 31.07.2020. As no objections have been received, it is stated that the-then President of the Society addressed a letter dated 04.08.2020 to Divisional Cooperative Officer, Golconda Division, requesting to conduct elections as per the list prepared. On
31.08.2020, the President of the Society sent a list of 340 new members who were admitted in February, 2020 to consider their cases for voting as the elections were postponed due to Covid-19 pandemic and the subsequent members attained the eligibi