HC sets aside single judge order in J.Hills society case

Telangana High Court had set aside a single judge order suspending the Registrar-cum-Commissioner of Co-operative Societies’ proceedings accepting no-confidence motion against Jubilee Hills Co-operative House Building Society secretary A. Murali Mukund.

Pronouncing verdict in an appeal filed by society president B. Ravindranath, a bench of Acting Chief Justice M.S. Ramachandra Rao and Justice T. Vinod Kumar said the single judge order cannot be sustained. The bench observed that the single judge order issued on this September 17 “appears to be attempting to nullify the division bench order” passed two days prior to that i.e. on September 15.

“We do not appreciate this,” the bench said in its order.

The dispute started on August 11 when society’s managing committee (MC) passed a resolution curtailing powers of society secretary Mukund. A single judge suspended the resolution after Mr. Mukund moved the HC on this August 18.

Meanwhile, the MC moved a no-confidence motion against the secretary on August 26. The next day, the Registrar-cum-Commissioner of Co-operative Societies, invoking his powers, issued notices to convene a meeting of the managing committee to conduct no-confidence motion proceedings.

In between, the MC also filed a writ appeal seeking suspension of the single judge order. On September 15, the division bench headed by the Acting Chief Justice passed interim orders suspending the single judge order. But, before the division bench issued this order, the secretary filed a contempt of court petition stating that the Commissioner and society president violated the single judge order by moving no-confidence motion.

This plea came up for hearing two days after the division bench suspended the single judge order. The same day the MC was to take a call on no-confidence motion. The single judge closed the contempt petition in the backdrop of division bench direction suspending his order.

However, the single judge stayed the Commissioner’s proceedings (passing no-confidence motion against secretary) for three days. Mr. Ravindranath who appealed against the single judge order.

Declaring verdict in the appeal, the bench said the bench had already suspended the single judge order. Hence, staying the Commissioner’s proceedings for three days cannot be accepted, the bench said. Moreover, the cause of action in the writ petition and the contempt petition were different, the bench said.

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Printable version | Dec 2, 2021 11:42:22 PM | https://www.thehindu.com/news/cities/Hyderabad/hc-sets-aside-single-judge-order-in-jhills-society-case/article36657249.ece

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