HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 5776 OF 2003 DATED 3RD SEPTEMBER, 2014.
BETWEEN G.Narasimha Rao and ors ….Petitioners And The Commissioner for Cooperation & Registrar of Cooperative Societies, AP, Hyderabad and ors.
…..Respondents.
HONOURABLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 5776 OF 2003
ORDER:
Heard the learned Counsel for the petitioners and learned Government Pleader for the first respondent.
This Writ Petition was filed challenging the order passed by the Andhra Pradesh Cooperative Tribunal, at Hyderabad in C.T.A.No.171 of 2002 dated 01.02.2003 confirming the orders passed by the first respondent in proceedings Rc.No.5554/2002/H.1, dated 18.05.2002.
The first respondent initially issued a show cause notice under Section 34 (1) of the AP Cooperative Societies Act, 1964 (for short ‘the Act’) calling upon the Managing Committee of the second respondent-Society to submit its explanation as to why it should not be superseded under Section 34(1) of the Act. Pursuant to the same, the Managing Committee of the second respondent-society submitted its explanation on 09.04.2002. After considering the said explanation, the first respondent passed orders in proceedings Rc.No.5554/2002/H1, dated 18.05.2002 holding that the Managing Committee of the second respondent-Society was not functioning properly in accordance with law and Bye-laws of the Society and accordingly superceded the Managing Committee of the second respondent-Society with effect from the date of the order and appointed the District Cooperative Officer, Hyderabad (Urban) as Special Officer to manage the affairs of the society for a period of six months from the date of assumption of charge or till elections to the Managing Committee of the society are held, which ever is earlier. Aggrieved by the said order, some of the Members of the Managing Committee preferred an appeal in CTA.No.171 of 2002 before the Andhra Pradesh Cooperative Tribunal, at Hyderabad. The Cooperative Tribunal relying on the decision of this Court in Jubilee Hills Cooperative House Building Society Limited, Hyderabad Vs. Government of Andhra Pradesh {2000 (5) ALD 138} held that no interference is warranted on the orders passed by the first respondent and accordingly dismissed the appeal by order dated 01.02.2003.
Section 34(1) of the Act contemplates that if the Registrar formed an opinion that the Committee is not functioning properly or willfully disobeys or fails to comply willfully with any lawful order or direction by the Registrar under the Act or the Rules, he, after giving the Committee an opportunity of making its representation, supersede the Committee from a specified date. In the instant case, procedural formalities are complied with. But the dispute is with regard to forming of opinion relating to improper functioning of the Managing Committee. That issue need not be decided in this Writ Petition at this stage in view of the subsequent development of holding elections to the Managing Committee and the subsequent newly elected Committee being managed the affairs of the Society. In the circumstances, the decision in the Writ Petition becomes only academic and therefore the Writ Petition is liable to be closed.
Accordingly the Writ Petition is closed. As a sequel to the closure of the Writ Petition, miscellaneous petitions pending consideration in the Writ Petition shall stand closed. No order as to costs.
------------------------------------------------- JUSTICE A.RAMALINGESWARA RAO Dated 3rd September, 2014. Msnro