O R D E R

In this Writ Petition, the petitioner is seeking a Writ of Mandamus declaring the action of respondent No.5, election officer of respondent No.4 society, in issuing the election notice dt.30.04.2025 and/or any other subsequent notice or schedule scheduling elections for the Managing Committee of respondent No.4 society on 11.05.2025 or on any other date thereafter, as illegal, unconstitutional, void ab initio, non- est in law and undertaken without locus standi in view of the suspension of respondent No.4 society’s registration and consequently to set aside and quash the said election notice and all related election process thereto and to pass such other order or orders.

2. Brief facts leading to the filing of this Writ Petition are that the petitioner is a promoter member of respondent No.4 society holding admission No.38 and is a resident of Asian Suncity Apartments. It is submitted that respondent No.4 society was registered by respondent No.3 vide Registration No.TS/RRD/MACS/2022-102/FOW&M dt.05.09.2022 and simultaneously, vide proceedings No.3601536-1538 dt.05.09.2022, an initial Ad Hoc Committee was appointed by respondent No.3 to manage the affairs of the society until a regular Managing Committee was elected. It is submitted that respondent No.4 society was required to conduct its first elections for the Managing Committee as mandated by its Bye-law No.30(c) and that the initial Ad Hoc Committee’s tenure was limited to 60 days from registration, within which period elections must be held. Since the society was registered on 05.09.2022, the 60 day period expired on or around 04.11.2022. However, no elections were conducted by the initial Ad Hoc Committee within the stipulated time or thereafter. Therefore, according to the petitioner, the Ad Hoc Committee management became illegitimate beyond 04.11.2022 and this was highlighted by the petitioner and other members in a representation dt.07.02.2023 to respondent No.3 amongst various other irregularities being committed by the Ad Hoc Committee’s Chairman. Aggrieved by the non-conduct of the elections within the stipulated period, some of the members of respondent No.4 society approached this Court by filing W.P.No.22691 of 2024 and vide orders dt.12.12.2024, this Court had directed respondent No.3 herein, who was also respondent No.3 in the said Writ Petition, to initiate the election process for respondent No.4 society, preferably within two months from the date of receipt of the order, by appointing a Person-in-charge. It is stated that the petitioner, having witnessed the continued failure to regularise the respondent No.4 society’s affairs through timely elections and believing the society to be non-functional as per its mandate, issued a mandatory notice under Section 40 of the TMACS Act on 14.12.2024 to respondent No.4 society seeking its dissolution. In the meantime, against the order in W.P.No.22691 of 2024, a Writ Appeal in W.A.No.274 of 2025 was filed, which was disposed of, vide orders dt.01.04.2025, directing the elections to be held as scheduled in accordance with law and granting liberty to aggrieved parties to challenge the process or result before the appropriate forum. The petitioner submits that the direction to hold elections in accordance with law presupposes a legally tenable existence and operational capacity of the society. In the meantime, the petitioner had filed O.P.No.18 of 2025 before the Cooperative Tribunal, Hyderabad which suspended the society’s registration and also ensuing elections due to fundamental issues concerning its defunct status. It is stated that the interim order of the Cooperative Tribunal dt.23.04.2025 suspending the proceedings of respondent No.2 dt.05.09.2022 including the ensuing elections was promptly communicated to respondent No.3. However, respondent No.3 has issued proceedings in Rc.No.2763/2024-MACS dt.25.04.2025 appointing a new Ad Hoc Committee for respondent No.4 society with specific mandate to