ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...to issue any order or Direction Writ or Writs More Particularly on in the nature of WRIT OF MANDAMUS to Declare the Action of the Respondent No 3 herein in not initiate any Action and Finalize the Membership Application Submitted by the Petitioners before Conducting of Elections of the Society on 06.11.2024 as directed by this Hon’ble Court Vide in WP No.3676 of 2026 Dated 06042026 is illegal arbitrary and Violation of Principles of natural justice and against the Articles 14, 19, 21 and 300A Constitution of India and Consequently direct the respondent Nos.3 to 5 herein to Consider and Finalize the Membership applications Pending Before them of the Petitioners herein in the Cooperative Society For Conduct of Elections As Directed by this Hon’ble Court and Allow the Petitioners herein Participate the Elections Vide in WP No.3676 of 2026 Dated 06.04.2026...”

2. Heard Mr. J.Raghu Ram, learned counsel for the petitioners; Mr. A.Jagan, learned Government Pleader for Prohibition and Excise appearing for respondent Nos.1 to 4 and perused the record.

3. Learned counsel for the petitioners submits that the petitioner No.1 addressed a detailed representation dated 06.11.2024 before respondent No.3 on behalf of the President of Kallugeetha Industrial Shrameka Sahakara Sangam Limited, Mahabubnagar, seeking membership of respondent No.5-Toddy Tappers Cooperative Society, but no action has been taken on the said representation. It is further submitted that the petitioners herein are qualified to be the members of respondent No.5 as per the bye-laws of the society having awareness on the profession as tapper and accordingly sought to conduct tappers test upon them to provide membership. It is further submitted that the petitioners addressed a representation along with all the relevant information as per the provisions of the Telangana Co-operative Societies Act, 1964 (for short ‘the TCS Act, 1964’). It is further submitted that in an earlier round of litigation, one Mr. V.Pratap Goud filed W.P.No.3676 of 2026 before this Court for conducting elections of respondent No.5 and this Court vide order dated 06.04.2026 directed respondent Nos.4 and 5 therein to provide the information as sought for by respondent No.3 as prescribed under Section 31 (b) of the 1964 Act, within a period of two weeks from the date of receipt of a copy of this order and on receipt of such information, respondent No.3 is directed to conduct elections of respondent No.5 within two weeks thereon. It is further submitted that unless the case of the petitioners is considered, conducting any further elections of respondent No.5 would affect the rights of the petitioners and further submitted that prior to the amendment of Act 22 of 2001, Section 19(3) of the TCS Act, 1964 read with its proviso contemplated a deemed membership after the expiry of the period of sixty days from the date of receipt of application for membership. By virtue of the said amendment the provision of deemed membership no longer exists. Learned counsel also relied upon Section 23 of the TCS Act, 1964. Stating so, prays this Court to pass appropriate orders.

4. Section 23 of the Telangana Co-operative Societies Act, 1964, is extracted hereunder:

(1) Any member who has acted adversely to the interests of the society may be expelled upon a resolution of the general body passed its meeting by the votes of not less than where by majority of the total membership of the society is present and two-thirds of the members of the society present and voting.

(2) No member shall be expelled under sub-section (1) unless,–

(a) member caused loss of financial to the society.

b) member is involved in impersonation, forgery or any other Criminal Activity against the society.

(c) Provided that the member shall be given an opportunity of making his/her representation to the Managing Com