THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.32413 of 2014 Between: B.Raghupathi Reddy And Dated 22nd December, 2014 …Petitioner The State of Telangana, rep.by its Principal Secretary, Cooperation, Secretariat Buildings, Hyderabad and others …Respondents Counsel for the petitioner: Sri C.Raghu Counsel for respondent Nos.1 to 4: Sri S.Sharat Kumar Spl.Government Pleader (TS) The Court made the following:
ORDER:
This writ petition is filed for a mandamus to set aside proceedings bearing Rc.No.2061/2010-H, dated 21.10.2014, of respondent No.2, whereby he has appointed a Person-in-charge to manage the affairs of respondent No.5-Society and also to conduct elections to the Managing Committee.
Sri C.Raghu, learned counsel for the petitioner, submitted that while in principle his client has no objection for appointment of a Peron-in-charge, he is apprehensive that the said Person-in-charge is appointed only for the purpose of achieving indirectly what they could not achieve directly, namely, holding of inspection under Section 52 of the A.P.Cooperative Societies Act, 1964 (for short ‘the Act’). He has further submitted that his client has earlier filed W.P.No.31276 of 2014 questioning the action of respondent No.2 in ordering inspection under Section 52 of the Act and that this Court has granted interim stay by order, dated 18.10.2014, in W.P.M.P.No.39095 of 2014 in W.P.No.31276 of 2014.
The learned Special Government Pleader submitted that the Person-in-charge cannot violate the interim order granted in W.P.No.31276 of 2014 so long as it is in force. He has further submitted that as names of several dead persons are continued in the list of members of respondent No.5-Society, the Person-in-charge requires to look into the same for finalising the voters list for the purpose of conducting elections.
In my opinion, no exception can be taken to the appointment of Person-in-charge to respondent No.5 so long as the same is mainly intended for the purpose of holding elections. Indeed, a perusal of the impugned proceedings convinces this Court to believe that the main purpose of appointment of Person-in-charge is to hold elections. However, in the guise of administering respondent No.5-Society, the Person-in-charge shall not exercise the power of inspection so long as the interim order in W.P.No.31276 of 2014 remains in force. However, the Person-in-charge is entitled to examine the registers relating to the membership of the Society and take appropriate steps for publication of voters list after deleting the names of the dead persons, if any.
Subject to the above observations, the writ petition stands disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.40515 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 22nd December, 2014
VGB