M.Bhushan And 7 Others v. The State Of Telangana And 3 Others

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 20017 of 2019 ORDER :

Heard learned counsel for the petitioners as well as learned counsel appearing for 4th respondent-Society and learned Government Pleader for Cooperation.

Learned Counsel appearing for 4th respondent submits that the impugned proceedings dt.29.08.2019 have been returned vide proceedings dt.14.09.2019 issued by the Additional Registrar/State Cooperative Election Authority, Telangana, Hyderabad, and as such, the cause in the writ petition does not survive.

Learned counsel for the petitioners states that while returning the impugned proceedings the Additional Registrar/State Cooperative Election Authority, directed the 3rd respondent to examine each and every objection raised by the members of the society by duly following the procedure and also to take necessary action on the representations. He also submits that the 3rd respondent failed to follow the stay orders passed by this Court in IA No.1 of 2019 in WP No.18629 of 2019.

After this writ petition is disposed of today and before it is signed, it is brought to my notice that this Court in similar circumstances, had already considered the issues elaborately in WP Nos.18629 of 2019 & batch vide order dated 27.09.2019 and disposed of the same.

In view of the same and for the reasons alike in the aforesaid Common Order, these writ petitions shall also be disposed of in terms thereof, directing the Commissioner for Cooperation to appoint new Official Person Incharge other than the present Joint Registrar/District Cooperative Officer, who issued impugned proceedings dated 18.06.2019 and 29.08.2019, for conducting elections to the respondent Housing Society, after redressing the grievances of the petitioners and other members of the society, in accordance with law.

Accordingly, writ petitions are disposed of directing the Commissioner for Co-operation to take steps for conducting of elections to the Housing Society either by himself or by appointing official PIC other than the Joint Registrar/DCO, within a period of two months, from the date of receipt of a copy of this order, by redressing the grievance of the writ petitioners, in accordance with law.

___________________________ A.RAJASHEKER REDDY, J 18.09.2019 tk/kvs.

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.20017 of 2019 18.09.2019 tk/kvs