THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.27582 of 2014
Between:
Dated 22nd December, 2014
Bhuthanadhu. N.S.V.S.Dora and another And …Petitioners The Government of Andhra Pradesh, Cooperation Department, Secretariat Buildings, Secretary, Hyderabad, rep.by its Principal Secretary and others …Respondents Counsel for the petitioners: Sri V.V.N.Narayana Rao Counsel for respondent No.1 to 4: AGP for Cooperation (AP) The Court made the following:
ORDER:
This writ petition is filed for the following substantive relief:
“…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in not superseding the 5th respondent- Society U/Sec.34 of A.P.C.S.Act-1964 and not appointing the person-in-charge Committee U/Sec.32(7)(i)(a) of A.P.C.S.Act-1964 is highly illegally, arbitrary and against the Article 14 of the Constitution of India and consequently direct the 4th respondent to act in accordance with the Provisions of A.P.Cooperative Societies Act – 1964, U/Secs.34 and 32 (7) (i)(a) to deal the affairs of the 5th respondent-Society.”
At the hearing, Sri V.V.N.Narayana Rao, learned counsel for the petitioners, fairly conceded that as seven members, including a co- opted member, are sufficient for continuation of the Managing Committee of respondent No.5-Society and that despite the resignations of the petitioners and four others, six members continue and they in turn have opted one person as a member, the Managing Committee of respondent No.5 can survive under the provisions of the A.P.Cooperative Societies Act, 1964 and the A.P.Cooperative Societies Rules, 1964.
In view of this fair admission by the learned counsel for the petitioners, the writ petition is liable to be dismissed and the same is accordingly dismissed.
As a sequel to dismissal of the writ petition, W.P.M.P.No.34543 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 22nd December, 2014
VGB