HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26892 of 2008
Date: October 08, 2014
Between:
S.S.R.K. Guruprasad.
… Petitioner And
1. The District Collector/Chairman, Society for the Prevention of Cruelty to Animals (SPCA), Kakinada & another.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.26892 of 2008
O R D E R:
Heard learned counsel for the petitioner, learned Government Pleader for the first respondent and learned counsel for the impleaded 2nd respondent.
2. The petitioner states that he is a member of Society for Prevention of Cruelty to Animals (SPCA), Kakinada, which was established in the year 1972. He was discharging duties as Secretary of SPCA and he was appointed as a member of Animal Welfare Board of India during the year 2006-2007. The Animal Welfare Board of India received certain complaints with regard to the misdeeds such as animal abuse, cruelty to animals and misuse of office of SPCA in collecting fines and requested the first respondent to conduct an enquiry into the affairs of SPCA. On the said instructions, the Revenue Divisional Officer, Kakinada, was appointed to conduct an enquiry and submit a report. An enquiry was conducted by the Revenue Divisional Officer without issuing any notice to the petitioner and based on the said report the first respondent issued an order in Ref.C1(M)/876/2008 dated 22.11.2008 withdrawing the present body of SPCA, Kakinada, and nominating the Joint Director, Animal Husbandry, to take over charge of SPCA, Kakinada. The same is challenged in the present writ petition.
3. A counter-affidavit is filed by the first respondent stating that the Animal Welfare Board of India, Chennai, vide its letter dated 05.11.2008, informed that several complaints were received against the SPCA, Kakinada, with regard to management of its affairs and a request is made to the first respondent to enquire into the same and submit a report. The first respondent, in turn, directed the Revenue Divisional Officer, Kakinada, and the Joint Director, Animal Husbandry, Kakinada, to enquire into the matter. They conducted an enquiry and submitted a report on 13.11.2008 which indicated that the petitioner violated several provisions of Prevention of Cruelty to Animals Act, Rules and guidelines. The Animal Welfare Board of India, Chennai, vide Ref.No.AWBI/Secty/08, dated 13.11.2008 and 21.11.2008 requested the Collector, East Godavari, to dissolve and re- constitute the SPCA, Kakinada, immediately as the term and tenure of the management committee/office bearers/governing body of SPCA, Kakinada, had already expired. The Animal Welfare Board of India, Chennai, vide its Ref.No.AWBI/Secty/08, dated 26.12.2008, authorized the District Collector to take action against the petitioner and the Board completely endorsed the action taken in respect of re-constitution of the SPCA as per Government notification. Notice was issued by the District Collector to the petitioner on 22.11.2008 calling for his explanation. On the basis of the report of the Revenue Divisional Officer, Kakinada, and the Joint Director, Animal Husbandry, Kakinada, the Collector, East Godavari District, passed order on 22.11.2008 superseding the management committee of SPCA, Kakinada. An ad-hoc committee was constituted on 12.12.2008 to take charge of the day-to-day activities of SPCA, Kakinada, till a new body was constituted. She further stated that the notification in the Official Gazette was not published at that time as per Rule 3 of the Rules, 2001, as the committee was an ad-hoc committee. The Animal Welfare Board of India, Chennai, vide its Ref.No.AWBI/Secty/08, dated 30.05.2014, informed that the action taken for superseding the management committee of SPCA, Kakinada, and removing the petitioner as Secretary, SPCA, Kakinada, was ratified by the Board. The counter further states that according to the provisions of Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules,2001 (for short ‘the Rules’), the Government of Andhra Pradesh issued G.O.Nos.13, Animal Husbandry, Dairy Development and Fisheries (AH.III) Department dated 02.03.2009, directed constitution of Society for Prevention of Cruelty to Animals in every district in Andhra Pradesh State and directed all the District Collectors to constitute committee accordingly. The Animal Welfare Board of India, Chennai, vide its Ref.No.AWBI/Sectyk/08, dated 30.05.2014, requested the Collector, East Godavari District, to re-constitute the SPCA, Kakinada, under the provisions of the Rules. In view of the above directions of the Government of A.P., the Collector, East Godavari District, conducted meeting on 06.09.2014 for constitution of regular body and action was being taken for constitution of regular body as per the Rules stipulated under the Rules and necessary notification would be published in the Gazette within six months.
4. Learned counsel for the petitioner submits that the SPCA, Kakinada, was constituted under the Societies Registration Act, 1860 on 06.07.1972. As per the bye-laws of the said society, the Collector, East Godavari is Ex-Officio President and the Revenue Divisional Officer, East Godavari is Ex-Officio Vice-President. Apart from the President and Vice-President, there are 10 other office bearers of the Executive Committee. The society’s affairs are being conducted by the said Executive Committee. While so, rules were framed under the provisions of the Prevention of Cruelty to Animals Act, 1960, in the year 2001 and they are called the Prevention of Cruelty to Animals (Establishment and Regulation of Societies for Prevention of Cruelty to Animals) Rules, 2001. As per Rule 3 of the said Rules, within six months from the date of commencement of the Rules every State Government shall establish a society for every district in the State to be the SPCA in that district. However, any society functioning in any district on the date of commencement of these rules shall continue to discharge its functions till establishment of the SPCA in the district under the Rules. The constitution of such committee is also indicated in the said Rules.
5. From the counter-affidavit it is clear that no notification was issued in the Official Gazette as required under Rule 3 of the Rules 2001 recommencing the erstwhile SPCA, Kakinada as SPCA under the rules. The Government of Andhra Pradesh issued G.O.Ms.No.13 Animal Husbandry, Dairy Development and Fisheries (AH.III) Department dated 02.03.2009, directing constitution of society and no such society was constituted till today. In the circumstances, the SPCA, Kakinada, which was registered in the year 1972 was only a private body which was not constituted in accordance with the Rules of 2001 and it can function under the provisions of the rules up to a period of six months, as the Government is under an obligation to constitute a separate society under the Rules of 2001. Hence, the erstwhile SPCA, Kakinada, continues to be a private society borne by the bye-laws framed by such society.
6. A perusal of the impugned order indicates that an enquiry was conducted by the Special Divisional Magistrate, Kakinada and Joint Director of Animal Husbandry Department, and on the basis of such enquiry the body of the SPCA, Kakinada, was withdrawn and the Revenue Divisional Officer, Kakinada, directed to take over the same till the elections are conducted as per the provisions of the Rules 2001 under which the SPCA was constituted. As is clear from the counter-affidavit filed now the erstwhile SPCA, Kakinada was not constituted as per the Rules 2001 and the understanding of the first respondent is not correct. However, subsequently it appears that a new body was constituted by the first respondent without conducting any elections. In view of this position, the various proceedings issued by the Animal Welfare Board of India, Chennai, are of no avail.
7. In the circumstances, the impugned order in Proc.Roc.No.C1(M)/876/2008 dated 22.11.2008, is set aside and the first respondent is restrained from interfering with the affairs of the erstwhile SPCA, Kakinada, except to the extent indicated in the bye-laws of the society. However, the first respondent is at liberty to constitute a society as per Rule 3 of the Rules, 2001 as early as possible.
8. Subject to the above observation, the writ petition is allowed. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: October 08, 2014 BSB 16 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.26892 of 2008
Date: October 08, 2014
BSB