The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.32067 of 2014 Dated 27.10.2014 Between:
B.Rajanna And The Deputy Registrar of Co-operative Societies, Divisional Cooperative Officer, Nizamabad District and 4 others.
…Petitioner …Respondents Counsel for the petitioner: Mr.Nandigam Krishna Rao Counsel for respondent Nos.1 to 4: AGP for Co-operation (TG) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the proceeding in Rc.No.677/2014-C, dated 30-09-2014, issued by respondent No.1 and the consequential minutes of the meeting held on 17-10-2014 whereby ‘No Confidence Motion’ was carried out against the petitioner.
At the hearing, Mr.Nandigam Krishna Rao, learned Counsel for the petitioner, has not disputed that under Section 76 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short ‘the Act’), his client has a remedy of appeal as the impugned proceeding issued by respondent No.1 is traceable to Section 34-A of the Act.
In view of availability of the alternative remedy of appeal as referred to above, I am not inclined to entertain this Writ Petition for adjudication on merits. The petitioner is, therefore, permitted to file an appeal under Section 76 of the Act by raising all the legally permissible issues including the one based on Section 103 of the Multi State Co-operative Societies Act, 2002. The petitioner is also permitted to file an interlocutory application and seek appropriate interim relief, pending such appeal. If such an application is filed in the appeal, the Tribunal shall pass appropriate order expeditiously.
Subject to the liberty given to the petitioner and the direction to the Tribunal as above, the Writ Petition is dismissed.
As a sequel, WPMP.No.40095 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 27th October, 2014
LUR