2024 Supreme(Online)(TEL) 21239
HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No. 4993 OF 2024
O R D E R:
Heard Sri Ramesh Chilla, learned counsel for Petitioner, Smt. M. Vidyavathi, learned counsel for the 5th respondent and Sri Swaroop Oorilla, learned Special Government Pleader on behalf of official respondents. With the consent of all the parties, this Writ Petition has been taken up for final disposal at the admission stage.
2. The grievance of petitioner is that though they have submitted representation dated 11.01.2024 to the 5th respondent and as well as the 2nd respondent to allow respective Fisheries Societies (18 Fishermen Cooperative Societies) which existed in erstwhile Districts of Medak and now part of newly- formed District of Sangareddy, the same was not considered and further, the 2nd respondent sent proposal to the Additional Registrar, State Cooperation Election Authority (SCEA) to conduct election on 21.02.2024 to the 5th respondent Society. It is stated, due to bifurcation of the Districts in the State of Telangana, Sangareddy District was formed which was earlier part of Medak District. 18 Primary Fishermen Cooperative Societies, out of which 16 were part of the erstwhile Medak District should have been considered as part and parcel of the newly-formed Sangareddy District. As such, 16 Primary Fishermen Cooperative Societies deposited membership fee of Rs.30,700/-, (Rs.1650/- for each one of the old Societies and Rs.2,050/- for each one of the two new Societies) in DCCB Bank, Sangareddy on 11.01.2024. Petitioner is stated to have been issued Notice No.120/B/2023 dated 16.02.2024 wherein the 2nd Respondent included (201) Societies but failed to include 18 Societies and further, vide said notice, the 2nd respondent sought for only objections from 201 voters only, as such, petitioners and 16 other societies/members of different Primary Fishermen Cooperative Societies are going to lose the opportunity of getting participated and elected in the election process.
3. Refuting the above contentions of petitioner, the 2nd respondent filed counter-affidavit inter-alia contending that Sangareddy has been newly-formed in reorganisation of Districts in the Telangana State on 11.10.2016, bifurcated from the erstwhile Medak District. Further it is their case that Government vide Memo No. 2855/F/A2/2020, AH, DD and F (F) Department, dated 21.11.2020, the Commissioner of Fisheries, Telangana State vide Memo No.2502/E2/2020, dated
03.12.2020 issued instructions to all the District Fisheries Officers of newly-formed Districts to initiate immediate necessary action for registration of new District Fisheries Cooperative Society in their respective Districts and report compliance. Further, it is stated that the District Fisheries Officer, Medak vide Letter no. 143/C/2020 dated 25.01.2021 informed that as per the Resolution of General Body Meeting of District Fisheries Cooperative Society Ltd., Medak held on 19.01.2021, under Section 16(2) of Telangana State Societies Act 7 of 1964, original Byelaw No.1 of the District Fisheries Cooperative Society Ltd., Medak has been amended duly bifurcating the newly-formed Siddipet and Sangareddy Districts from the Area of operation of the District Fisheries Cooperative Society, Medak. It is further stated that in this connection, the Commissioner of Fisheries, Telangana State vide Memo No.2502/E2/2020, dated 09.05.2023 again requested all the District Fisheries Officers of newly-formed districts to initiate immediate necessary action for registration of new District Fisheries Cooperative Society in their respective districts. Accordingly, General Body Meeting was conducted on 04.07.2023 (after giving Notice no. 125/C/2023, dated 17.06.2023) with the existing Presidents of all the Primary Fishermen Cooperative Societies in district and they elected the Chief Promoter, (10) directors (Ad hoc Committee) for the purpose of organization of new District Fisheries Cooperative Society (DFCS) in Sangareddy. Two notices have been issued to pay the share capital and admission fee vide notice No