High Court for State of TelanganaWP/43385/2016disposed of no costs

Sri Laxmi Mutually Aided Corporative Thrift And Credit Society v. The Union Of India,

2016-12-15Raja Elango2 pages

HON'BLE SRI JUSTICE RAJA ELANGO Writ Petition No.43385 of 2016 O R D E R :

The Writ Petition is filed under Article 226 of the Constitution of India seeking to issue an order, writ or direction, more particularly one in the nature of writ of Mandamus declaring the action of respondents in not amending the bye-laws of the petitioner-society by registering petitioner-society as Sri Laxmi Multi-State Cooperative Thrift & Credit Society Ltd., under MSCS Act even though proposals were submitted on 25-08-2014, as illegal and arbitrary.

The petitioner is a society registered prior to the bifurcation of the State. Subsequent to the bifurcation of the State, the petitioner-society made an application on 25-08-2014 to the 2nd respondent stating the general body of the society unanimously passed a resolution on 29-06-2014 for amendment of its bye-laws as per MSCS Act, 2002 and petitioner-society has deemed to be Multi-State Cooperative Society under Section 103 of MSCS Act, 2002 due to the Andhra Pradesh State bifurcation and requested to take necessary action on the proposals for amendment of society bye-laws in the name of Sri Laxmi Multi-State Cooperative Thrift & Credit Society Ltd. The petitioner also rectified the defects mentioned by the authorities and submitted the required documents as and when required. Now, the proposals, dated 25-08-2014 for changing the nature of the society after the amendment of bye-laws is pending with Respondent Nos.2 to 4.

Considering the said facts and circumstances, the Respondent Nos.2 to 4 herein are directed to dispose of the proposals, dated 25-08-2014 as expeditiously as possible, more preferably within a period of two months from the date of receipt of a copy of the order. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

Consequently, miscellaneous petitions pending, if any, in the writ petition shall stand closed.

______________________ JUSTICE RAJA ELANGO 15th December, 2016 skmr