THE HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.32848 of 2023
ORDER:
This writ petition is filed seeking the following relief:
“to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rdand 4threspondents in amending the Rules and Regulations of the 3rdand the 4thRespondents Chamber of Commerce in the Executive Committee On 12.10.2023 and approved in the General Body on 03.11.2023 that A member who is elected and holding the office of any public representative of any political party shall not contest the elections of the Respondent No.3 Chamber of Commerce for any post of Executive Body and without approval of the same by the State Government under provisions of the TS Non Trading Companies Act 1962 Act No 2 of 1967 and issued Election Schedule on 12.10.2023 to conduct elections for the Executive Body of the 3rdand4threspondents Chamber of Commerce for the year of 2023-2024, and2024-2025 and rejected the nomination of the petitioner by the 5threspondent on 10.11.2023 as an ex-facie illegal, arbitrary discriminatory, unjust, unfair, unreasonable, whimsical, without jurisdiction,non application of mind, without following due procedure of law, and in violation of the provisions of the Telangana State Non Trading Companies Act 1962 Act No 2 of 1962 and in violation of Article 14 and 21 of the Constitution of India and also against the catena judgments of this Honble Court and an Apex Court and set aside the same and consequently direct the respond to follow the due procedure of law in amending the Rules and Regulations of the 3rd and 4th respondents Chamber of Commerce and the provisions of the Telangana State Non Trading Companies Act 1962 Act No 2 of 1962 and in issuing the Election Notification for conduct the Elections of the Executive Body for the year 2023-2024 and2024-2025 forthwith and pass”
2. Heard Sri Chikkudu Prabhakar, learned counsel for the petitioner, learned Government Pleader for Irrigation and Commerce for respondents
1 to 5.
3. Brief facts of the case are that the petitioner is a Adthi and Commission Merchant under the name and style of M/s Diddi Kumara Swamy Adthi and Commission Merchant, established in Shutter No.76 at Enamamula Agriculture Market, Warangal, and doing business by purchasing the agriculture products from farmers since 02.07.1988 and continuing as a Member of the 3rd respondent Chamber of Commerce without any allegation against the petitioner. The petitioner is also the Corporator of 34 Division, Greater Warangal Municipal Corporation. It is averred that earlier the petitioner was elected as President of the 3rd respondent Chamber of Commerce several times. It is averred that the 3rd respondent was registered under the provisions of T.S. Non Trading Companies Act 1962, and though 3rd and 4th respondents Executive Committee period completed, the elections were not conducted for 2023-
2024.
4. The petitioner challenges the action of respondents 3 and 4 in amending the Rules and Regulations of the Respondents 3 and 4 Society Chamber of Commerce in the Executive Committee on 12.10.2023 and approved in the General Body meeting on 03.11.2023 that Clause “5(b) Chamber of Commerce Member who is placed, elected, and holding the office of any public representative of any political party shall not contest the election of the respondent No.3 Society Chamber of Commerce Warangal for any post of Executive Body” and without approval of the same by the State Government under the provisions of Telangana State Non Trading Companies Act, 1962 (Act No.2 of 1967), issued Election Schedule on 12.10.2023 to conduct elections for the Executive Body of the 3rd and 4th respondents Chamber of Commerce Warangal Society, for the year 2023- 2024 and 2024-2025 and rejected the nomination of the petitioner by the 5th respondent on 10.11.2023 as illegal, arbitrary and in violation of Articles 14 and 21 of the Constitution of India.
5. Learned counsel for the petitioner contends that the respondents 3 to 5 have not followed the due
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