THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.8801 OF 2025

O R D E R

In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of the 5^th respondent in proposing to conduct the annual general body meeting on 23.03.2025 contrary to Bye-law No.36(4) of the society and Bye-law No.32 of Telangana Cooperative Societies Act, 1964 (for short, ‘the Act’) as per notice dt.16.03.2025, as illegal and arbitrary and consequently to direct respondents 2 to 4 to initiate action for conduct of a statutory enquiry into the affairs of the 5^th respondent society by appointing a special officer and to pass such other order or orders.

2. Brief facts leading to the filing of the present Writ Petition are that the petitioner is a member of the 5^th respondent society which was registered in the year 2012. It is stated that there are about 530 members in the society and it is maintaining the welfare and maintenance of the residential multi storied building and is having an elected body as per the Cooperative Societies Act to look into the affairs of the society. It is submitted that the Managing Committee of the society is elected every 5 years and under Bye-law No.36, a general body meeting can be called for during the year at any time either on request or as per bye-law and a minimum of two general body meetings in a year have to be conducted, i.e., a meeting in every 6 months. It is stated that an advance notice for a general body meeting of 20 clear days is to be issued under Bye-law No.36(4) of the society. Further, it is also stated that as per Section 32 of the Act, the President of the society has to make a request to the Registrar for conduct of at least one general body meeting in a year in the presence of representative or nominee of the Registrar and the request has to be made with at least 15 clear days notice. It is alleged that the impugned notice dt.16.03.2025 was issued with several agenda points for the general body meeting to be held on 23.03.2025 and alleging that the said notice is not with 20 days clear notice and alleging mismanagement of the affairs of the society, the petitioner has filed the present Writ Petition.

3. Vide orders dt.21.03.2025 in I.A.No.1 of 2025, this Court was pleased to stay the general body meeting scheduled to be held on

23.03.2025.

4. The 6^th respondent in his personal capacity and also representing the 5^th respondent, has filed a counter affidavit along with a stay vacate petition. It is stated that the notice for general body meeting to be held on 23.03.2025 was issued well in advance on 18.02.2025 and was sent to all the members through e-mail addresses properly and that the petitioner also has received the said notice on 28.02.2025 and had also suggested certain agenda items to be included in the general body meeting proposed to be held on 23.03.2025, but, without disclosing the same, the petitioner has obtained interim stay of the general body meeting by misrepresenting the facts before this Court. It is submitted that the notice dt.16.03.2025 is only a reminder of the meeting and it is not a notice issued under Bye-law No.36 of the society. Further, with regard to the enquiry into the affairs of the society, it is stated that there is no mismanagement in the affairs of the society as alleged and in fact, the petitioner has indulged in malpractices and has collected bribe amount from the painting contactors illegally by blackmailing and demanding money from them. It is stated that only to cover up his laches, the petitioner has made allegations in this Writ Petition. As regards the allegation that the 5^th respondent society is not holding two general body meetings in a year as required under Section 32 of the Act, it is submitted that the society is convening general body meetings twice in a year by giving proper notice to all the members. Therefore, they prayed for dismissal of the Writ Petition and vacation of the interim order to enable the respondents t