The Hon’ble Sri Justice C.V. Nagarjuna Reddy Writ Petition No.39835 of 2014 Dated: 26.12.2014 Between:
Shankarapu Krishna Murthy ..
Petitioner and The State of Andhra Pradesh, Rep. by its Prl.Secretary, Co-operative Societies, Secretariat, Hyderabad, and 2 others.
..
Respondents Counsel for the petitioner: Mr.BSS.Prasad Counsel for the respondents: A.G.P. for Co-operation (AP) The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside letter No.957/2014-C, dated 08-12-2014, of respondent No.3, whereby he has fixed 29-12- 2014 at 11.30 a.m., as the date and time to conduct the general body meeting of Bandaluppi Primary Agricultural Co-operative Society Limited (PACS), Parvathipuram Mandal, for discussing no confidence motion against the petitioner.
At the hearing, Mr.BSS.Prasad, learned Counsel for the petitioner, submitted that though, in the impugned notice, it is mentioned that ten members of the managing committee of the Bandaluppi PACS are stated to have passed a unanimous resolution for moving the motion of no confidence against the petitioner, no such resolution was, in fact, passed.
In my opinion, the issue raised by the petitioner requires adjudication on the basis of evidence that may produced by the parties. Therefore, it is not appropriate for this Court to interdict the proposed general body meeting of Bandaluppi PACS for discussing no confidence motion against the petitioner. In the event the no confidence motion is carried out against the petitioner, the remedy available for him is to file an appeal under Section 76 of the Andhra Pradesh Co-operative Societies Act, 1964.
In this view of the matter, the Writ Petition is dismissed with liberty to the petitioner in terms of the observation made herein above.
As a sequel to dismissal of the Writ Petition, WPMP.No.49957 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V. Nagarjuna Reddy, J) Dt: 26th December, 2014 lur