WRIT PETITION Nos.26190, 28297 and 28705 of 2014
Date:13.10.2014
WRIT PETITION No.26190 of 2014
Between:
Indira Kranthi Padham District Samakya, reptd by its Vice-President-K.Dhanalakshmi and 30 others.
. Petitioners And:
The State Govt of A.P., reptd by its Principal Secretary, Co-Operative Societies, Hyderabad and four others.
. Respondents Counsel for the Petitioners: Sri S.Appadhara Reddy Counsel for Respondent Nos.1 & 2: AGP for Co-Operation (AP) Counsel for Respondent No.4: Sri K.Chidambaram Counsel for Respondent No.5: Sri B.Seshibhushan Rao
WRIT PETITION No.28297 of 2014
Between:
Nandigudem Women Mutually Aided Co-Operative Thrift and Credit Society Ltd., reptd by its President-Chilaka Kumari and 26 others.
. Petitioners And:
The State Govt of A.P., reptd by its Principal Secretary, Co-Operative Societies, Hyderabad and three others.
. Respondents Counsel for Respondent Nos.1 & 2: AGP for Co-Operation of Government of Andhra Pradesh
AND
WRIT PETITION No.28705 of 2014
Between:
Iragavaram Mandal Women Mutually Aided Co-Operative Thrift and Credit Society Ltd., reptd by its President-Ch.Mariyamma and another.
. Petitioners And:
The State Govt of A.P., reptd by its Principal Secretary, Co-Operative Societies, Hyderabad and three others.
. Respondents Counsel for the Petitioners: Sri S.Appadhara Reddy Counsel for Respondent Nos.1 & 2: AGP for Co-Operation of Government of Andhra Pradesh The Court made the following:
COMMON ORDER:
These Writ Petitions are filed by the petitioners, who are the Mutually Aided Co-Operative Thrift and Credit Societies Limited in West Godavari District, feeling aggrieved by common proceedings, vide A23/335/Elections/I.T/D.R.D.A-I.K.P/2014, dated directed that the elections of the Village, Mandal and District level societies shall be held on or before 10.09.2014, 15.09.2014 and 20.0-9.2014, respectively.
The substratum of the case of the petitioners is that respondent No.4 is neither the Registrar nor the functional Registrar of the societies under the Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995 (for short ‘the Act’) and that he has no jurisdiction to issue the impugned proceedings.
Sri K.Chidambaram, learned counsel for respondent No.4, has fairly conceded that respondent No.4 is neither the Registrar nor the functional Registrar under the Act. He has, however, stated that in order to ensure that the three tier Mutually Aided Co-Operative Societies do not face problems in availing and disbursing the loans, respondent No.4 has issued the impugned proceedings.
As rightly pleaded by the learned counsel for the petitioners, if the audit has not been properly conducted and the elections have not been held, it is only the Registrar under the Act who is empowered to initiate appropriate action as per the various statutory provisions. Respondent No.4 is not vested with any jurisdiction to issue the impugned proceedings.
Accordingly, the impugned proceedings is set aside. However, respondent No.2, who is the authority concerned to initiate appropriate action, is left free to take action against such of those societies which have failed either to hold elections or discharge their statutory duties strictly in accordance with law.
With the above directions, the Writ Petitions are allowed.
As a sequel to disposal of the Writ Petitions, interim order, dated 09.09.2014, in WPMP.No.32742 of 2014 in WP.No.26190 of 2014, interim order, dated 20.09.2014, in WP.No.28297 of 2014 and interim order, dated 23.09.2014, in WPMP.No.35927 of 2014 in WP.No.28705 of 2014 are vacated and WPMP.Nos.32742, 35782, 35427 and 35927 of 2014 are disposed of as infructuous.
13th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY