Disposed

C Kannan v. the State of Ap

Andhra Pradesh HC14 Aug 2023WP/19447/2023

Case brief

AI extract

What is this about?

The High Court of Andhra Pradesh disposed of a writ petition wherein the petitioner sought to continue as Chairperson of a Primary Agricultural Cooperative Society after his term ended. The Court directed respondents to consider the petitioner's representation for reappointment.

What did the court decide?

Direction to Respondents 1 and 2 to consider the petitioner's representation dated 04.08.2023 and pass appropriate orders within six weeks of receiving the order.

C Kannan Vs the State of Ap — Service and Employment | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA#^

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(Special Original Jurisdiction)

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MONDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 19447 OF 2023

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Between:

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C Kannan, S/o. Ponnaiah, Hindu, Aged about 66 years, Occ. Chairperson of Primary Agricultural Cooperative Society, Chittoor R/o. Pachanapalle Village, Chittoor Mandal and Dist. ■

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...PETITIONER

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AND

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The State of AP, Rep by its Principal Secretary (AM & C) Agri. & Coop. Department. Secretariat Bldgs, Amaravati, Guntur Dist.

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The Commissioner for Cooperation and Registrar of Cooperative Societies, 11th line, Shamalanagar, Guntur, Guntur Dist. - 522006.

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The District Cooperative Officer, Chittoor, Chittoor Dist.

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The Deputy Registrar of Cooperative Societies, Chittoor, Chittoor Dist.

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The Chittoor Primary Agricultural Cooperative Society, Rep. by its Chief Executive Officer, Chittoor, Chittoor Dist.

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The District Collector ( Co-operative Wing ), Chittoor, Chittoor Dist.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Wirt of Mandamus, to declare the acts on the part of the respondents 3 to 6 asking the petitioner orally not to attend as Chairperson of Primary Agricultural Cooperative Society, Chittoor w.e.f. 1.8.2023, without notice and without order amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Constitution of India besides being vidlaitve of principles of natural justice and consequently direct the respondents to continue the petitioner as Chairperson of Primary Agricultural Cooperative Society, Chittoor in the interest of justice.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated ill the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the petitioner as Chairperson of Primary

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Agricultural Cooperative Society, Chittoor as usual in the interest of justice pending disposal of Writ petition.

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lA NO: 2 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the representation made by the petitioner to the 4th Respondent dated 4.8.2023 as additional material papers in the interest of justice.

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.- * i

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Counsel for thie Petitioner(s): SRI. T C KRISHNAN

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Counsel for the Respondents 1 to 4 & 6 : GP FOR AGRICULTURE

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Counsel for the Respondent No.5 : -

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The Court made the following: ORDER

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION No. 19447 OF 2023

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O^ER:-

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i The present Writ Petition is filed under Article 226 of the Constitution j

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of India, seeking the following relief:

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to issue writ order or direction more particularly one dn the nature of Writ of Mandamus io declare the acts on the part-of the respondents 3 to 6 asking the petitioner orally not to attend as Chairperson of Primary Agricultural Cooperative Society, Chittoor w.e.f. 01.08.2023 without notice and without order amounts to erroneous, arbitrary and violative of Articles 14 and 21 of the Coristitution of India besides being violative of principles of natural justice and consequently direct the respondents \to continue the petitioner as Chairperson of Primary Agricultural Coop. Society, Chittoor in the interest ofjustice....”

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Heard learned counsel for the petitioner and learned Government Pleader for Agriculture. ! 3. The case of the petitioner is as follows:

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The petitioner, along with two others, were appointed j as the Chairperson and members of PIC for the Primary Agricultural Cooperative Society (PACS) / Respondent No.5 Society on 04.08.2019, initiaily for a period of six months or till the elections are conducted. Thereafter, G.O.Rt.No.81, Agriculture 8b Cooperation (COOP.II) Department, dated 27.01.2023 was issued, under which the period of PIC the petitioner had extended for further period of six months i.e. from 31.01.2023 to 30.07.2023. Accordingly, tlie petitioner has been continued: as the Chairperson for a period of three years i.e. from 2019 to 2023. Whil'e so, the

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2 IV.P.No. 19447 of 2023'

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petitioner neither reconsidered nor reappointed as Chairperson with effect from 01.08.2023.

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5. Learned counsel for the petitioner submits that the petitioner herein is most eligible and interested person to continue as the Chairperson of the PIC Committee, for which the petitioner submitted a representation dated 04.08.2023 for consideration of his candidature for further extension or for reappointment as Chairperson of PIC Committee for further period, in the event o^ no elections to be taken place in respect of Respondent No.5 Society.

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6. Learned counsel for the petitioner further submits that even after receipt of the representation dated 04.08.2023, the Respondents neither considered nor issued any further proceedings. Hence, the writ petition.

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7. On the other hand, the learned Government Pleader for Agriculture submits that Respondent No. 1 is the competent authority for appointment of PIC Committee in respect of Societies. It is true that the petitioner was appointed as Chairperson of PIC Committee for a period of three years (2019-2023) i.e. up to 30.07.2023. But, no proceedings were issued for reappointment of petitioner as Chairman of the PIC Committee. He further i submits that so far no proceedings were brought to the notice regarding issuance of any G.O. for appointing PIC committee in respect of Respondent No.5 Society. Due to the non-appointment of any new Committee the representation of the petitioner can be considered by the respondent authorities, if the representation is available v/ith the Respondents.

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►

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NV.J W.P.No. 19447 of 2023

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Having regard to the submissions made by the learned counsel for the petitioner and learned Government Pleader for Agriculture and on perusal of the material on record, it appears that the petitioner was appointed as Chairperson of the PIC Committee in respect of Respondent No.5 Society in the year 2019, initially for a period of six months. Later the said period was extended from time to time and the same was ended by 30.07.2023. Even though the petitioner is eligible for extension of the time as it was^ done in respect of so many other Societies by the Respondent No.l, no such action has been taken so far regarding Respondent No.5 Society. He' further submits that the petitioner submitted his representation for consideration of his candidature and for reappointment as Chairperson of the PIC Committee in respect of Respondent No.5 Society for a period of six months or till the. completion of the election for electing new managing Committee. 9. Admittedly, there is no proposal on the part of the respondents for i conducting any elections. As such, the candidature of the petitioner may be considered for appointment as the Chairperson of the PIC Committee in respect of Respondent No.5 Society, pursuant to the representation dated 04.08.2023, if such a representation is available with the respondents.

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In view of the reasons stated above and on perusal of the material on record, this Court is of the considered opinion that the writ petition can be t disposed of, without going into the merits of the case, directing the Respondent Nos.l and 2 to consider the representation of the {petitioner dated 04.08.2023, subject to availability and pass appropriate orders within ...--------- -- _ I

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NV,J W.P.No. 19447 of 2023 ' ‘

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a period of six weeks from the date of receipt of copy of this order and communicate the same to the petitioner with immediate effect. 11. Accordingly, the writ petition is disposed of. There shall be no order

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as to costs.

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12. As a sequel thereto, interlocutory applications pending, if any in the

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writ peti^on, shall also stand closed.

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Sd/-M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY//

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_ To,

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SECTION OFFICER

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The Principal Secretary (AM & C) Agri. & Coop. Department, State of AP Secretariat Bldgs, Amaravati, Guntur Dist.

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2- I!?® Cooperation and Registrar of Cooperative Societies 11th line, Shamalanagar, Guntur, Guntur Dist. - 522006

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1. The District Cooperative Officer, Chittoor, Chittoor Dist.

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The Deputy Registrar of Cooperative Societies, Chittoor, Chittoor Dist

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Society ^Chittoor*ive Officer Chittoor Primary Agricultural Cooperative

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The District Collector { Co-operative Wing), Chittoor, Chittoor Dist 7. One CC to SRI. T C KRISHNAN Advocate [OPUC] 8. 9 Two C?C° agriculture. High Court of Andhra Pradesh. [OUT]

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HIGH COURT

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DATED: 14/08/2023

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ORDER

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WP.No.19447 of 2023

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< 1 1 AUG 2023 g
J. Current Section yy

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DISPOSING THE WP WITHOUT COSTS

C Kannan v. the State of Ap

Case brief

What is this about?

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C Kannan v. the State of Ap

Case brief

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What did the court decide?

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