Telangana: GO 151 is ‘in violation of law’, stayed

HYDERABAD: Stating that it was in clear and flagrant violation of the Telangana State Cooperative Society Act, 1964, the Telangana High Court on Wednesday stayed operation of GO 151 issued by the Agriculture department indefinitely extending the tenure of the Electric Supply Society Limited, Rajanna Sircilla district, which has three lakh members indefinitely.

A bench comprising Chief Justice Satish Chandra Sharma and Justice Abhinand Kumar Shavili was hearing a writ filed by A Kanakaiah, a member of the cooperative society, against the government extending the term of the committee time to time and amending the Cooperative Societies Act itself extending the term indefinitely, rather than holding elections.

During the hearing, the court observed to Additional Advocate General (AAG) J Ramchander Rao, “You have prolonged the period of the society in perpetuity, forever, and the amendment is against the spirit of the Cooperative Society Act, 1964. The petitioner has shown a prima facie case, and the impugned order will be delayed.”

Senior counsel Vivek Reddy, appearing for the petitioner, informed the court that Section 33(7) of the Telangana Cooperative Society Act, 1964 clearly empowers the State government to appoint a Special Officer to the committee -- if the managing committee is defunct or otherwise -- and extend his term by six months, one year, and up to three years. However, the State has no authority to amend the Act, and by doing so, it effectively prolonged the Committee’s mandate indefinitely. 

The AAG told the bench that the State had the authority to amend the Act, appoint a special officer, and prolong the tenure of that person. Furthermore, he informed the court that due to the prevalence of Covid-19, elections to the society could not be held because the mandatory works, such as the preparation of voter ID cards, voters lists, and so on, had not been completed as directed by the State Election Commission. However, the court rejected his submission and stayed the GO.