ORDER:

This writ petition is filed seeking to declare that the election notification No.1/Ele/AR/2021, dated 12.01.2021 issued by the respondent No.6 is without power or jurisdiction, illegal, arbitrary, malafide and unsustainable in law and to set aside the same and for a consequential direction to receive the requisition for registration afresh in accordance with law.

2. Aditya Housing and Infrastructure and Development Corporation Private Limited had developed a gated community in Sy.Nos.78, 81/2, 82 to 85/1 of Petbasheerbad, Qutubullapur Mandal, Malkajgiri District in the name of Aditya Villa Grande, consisting of 101 villas and sold the same to various purchasers including the petitioners herein and most of the villas are completed and occupied by the respective owners. As per the terms of the deed of sale, all owners of the respective villas have to constitute a committee in the name of (cid:147)Aditya Villa Grande Owners Cooperative Maintenance Society Ltd(cid:148)/respondent No.7 for the purpose of looking after the maintenance and other related issues of the society.

3. In the month of October, 2019, the members of the Society approached the District Cooperative Officer/respondent No.4 for registration of the society. Their request was kept pending since guidelines for registering Villas were awaited.

4. Later in pursuance of the report of Assistant Registrar/Field In-charge, Medchal Circle in Rc.No.2549/2019, dated 04.05.2020. respondent No.4 entertained and registered the society in respect of another set of applicants by proceedings dated 06.05.2020. The petitioners made representations dated 18.05.2020 and 27.05.2020 to respondent Nos.2 and 3 respectively pointing out certain errors like not fixing shares, all owners not being informed about the bye laws.

5. Section 31(1)(a) of the Telangana State Cooperative Societies Act, 1964 reads as follows:-

(cid:147)31. (1)(a) The General Body of a society shall constitute a committee in accordance with the bye-laws and entrust the management of the affairs of the society to such committee:

Provided that in case of a newly registered society, the applicants who signed the application for registration under section 6 of this Act shall conduct the affairs of the society for a period of 90 days from the date of registration of the society. The applicants shall initiate the process of constitution of committee within 30 days of registration of the society:

Provided further that, if the applicants who got the society registered fail to constitute a committee to manage the affairs of the society within 90 days from the date of registration of the society, the Registrar shall take steps to constitute a committee to manage the affairs of the society or may choose to cancel the registration of the society as deemed fit:

Provided further that if no committee is constituted under this section to manage the affairs of the society within 180 days from the date of the registration of the society, the certificate of Registration issued under section 8 is deemed to have been cancelled:

Provided further that where the bye-laws so provide, the Government or the Registrar may nominate all or any of the members of the first promoters Committee for such period as may be specified or till the first elected Committee assumes office, whichever is earlier.(cid:148)

6. It is the further case of the petitioners that the society was registered on 06.05.2020 and constituting a managing committee within 30 days from the date of registration by holding elections is mandatory and after 90 days, the term of committee expires. The Managing Committee to be constituted in 180 days got expired by 05.11.2020.

7. The petitioners conducted general body meeting on 26.07.2020, elected its members and addressed a letter dated 31.07.2020 to respondent No.4. In response, respondent No.4 in Rc.No.911/2020, dated 23.08.2020 informed the society that the committee constituted by the society without holding the elections is invalid