Dismissed

V v. v Bhaskar v the State of Andhra Pradesh

Andhra Pradesh HC23 Apr 2024WP/5036/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the appointment of the 6th respondent as Chairperson of a Non-Official In-Charge Committee for a cooperative society. The Court held that since the respondent had obtained a 'no due certificate' clearing the alleged financial dues, the disqualification under Section 21-A of the A.P. Cooperative Societies Act did not apply, rendering the appointm

What the court decided

AI extract

V v v Bhaskar Vs the State of Andhra Pradesh — Cooperative Societies | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY ,THE TWENTY FOURTH DAY OF APRIL

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 5036 OF 2024

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Between:

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V V V Bhaskar, S/o Late Venkata Reddeiah, Hindu, aged 53 years, Chairperson, Gundugolanu Large Seized Co-Operative Society, R/o. Vangala Vari Street, Gundugolanu Village, Bhimadolu Mandal, West Godavari District.

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Chinta Jesu Syamala SamuyeuI Raju, S/o Chinta Satyanamdam, aged about 66 years, R/o H.No.l2-36, near C S I Charchi, Gundugolanu, Bhimadolu Mandal, West Godavari District.

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...PETITIONERS

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture and Cooperation (COOP.II) Department, Velagapudi Amaravathi, Guntur District.

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The Commissioner for Cooperation and Registrar of Cooperative Societies, A.P., 11th Syamala Nagar, Guntur Town and^{GunturDistrict.}

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The District Co-operative Officer, Collectorate^{Campus,Eluru,West} Godavari District.

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The Dy. Registrar, , Divisional Co-operative Office,^Collectorate Campus, Eluru, West Godavari District.

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1. The Gundugolanu L.S.C.S Ltd, Rep. by its Chief^{ExecutiveOfficer,} R/6.Gundugolanu Village, Bhimadolu Mandal, West Godavari^District.

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Nandyala Subba Raju, S/o Name not known to the Petitioner,^Aged about 50 years, R/o Near Rajula Ramalayam, Gundugolanu^Village, Bhimadolu Mandal, West Godavari District.

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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 pray^{moreparticularlyonein} the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in issuing G.O.Rt.No.102 Agriculture and Cooperation (COOP.II) Department dated 03-02-2024 in appointing^{the6thRespondent} as Chairperson of Non-Official In-Charge Committee for the 5th Respondent Society at Serial No.1, which is illegal, irregular, arbitrary, unjust, against to the Principles of Natural Justice,^{contratotheprovisions} of A.P. Cooperative Societies Act and in violation^{ofArticles14and19of} Constitution of India consequently direct the Respondent^Nos. 1 to 5 to replace the 6th Respondent with eligible member for the post of Chairperson of Non-Official In-Charge Committee for^{the5thRespondent} SJociety.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may

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/ be pleased to suspend the G.O.Rt.No.102 Agriculture and Cooperation (COOP.II) Department dated 03-02-2024 in respect of Serial No.1 in appointment of the Respondent as the Chairperson of^Non-Official InCharge Committee for the 5th Respondent Society pending disposal of main Writ Petition.

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Counsel for the Petitioner No.1 and 2:SRI. NARASIMHA RAO GUDISEVA

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Counsel for the Respondent No.1 to 5: GP FOR COOPERATION

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Counsel for the Respondent No.6 : G.V. Anand Kumar

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The Court made the following: ORDER

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APHC010084222024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3333]

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WEDNESDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 5036/2024

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Between:

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V VV Bhaskar and Others

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...PETITIONER(S)

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner(S):

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1.NARASIMHA RAO GUDISEVA

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Counsel for the Respondent(S):

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GP FOR COOPERATION

2.GP FOR COOPERATION

3.GP FOR COOPERATION

4.G.V.ANAND KUMAR

1 he Court made the following;

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ORDER:

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The present Writ Petition came to be filed under Article²²⁶ of the Constitution of India seeking the following relief:-

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“...to issue a Writ order or direction pray more particularly^one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in issuing G.O.Rt.No.102 Agriculture and Cooperation (COOP.II) Department dated 03.02.2024 in appointing the 6'^ Respondent as Chairperson^{ofNon-Official} InCharge Committee for the 5'^ Respondent Society at Serial No. 1, which is illegal, irregular, arbitrary, unjust, against to the Principles of Natural Justice, contra to the provisions of A.P. Cooperative Societies Act and^{inviolationofArticles14} and 19 of Constitution of India consequently direct the Respondent Nos. 1 to 5 to replace the 6"’ Respondent with eligible member for the post of Chairperson of Non-Official In-Charge Committee for the 5"’ Respondent Society.. ."

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Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents.

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The brief facts of the case are that as the Government of Andhra Pradesh has not conducted elections for Co-operative^{SocietiesalloverState} to administer the Societies, the Government had taken a decision to appoint Three Member Non-Official Person In-Charge Committee. In view of the said policy, the Government of Andhra Pradesh appointed the petitioner as Chairperson and two other members as Persons incharge^{oftheCommittee} for a period of six months initially and it was extended thereafter till 30.07.2023. 4. Subsequently, the respondents have issued another G.O.Rt.No.233 Agriculture & Cooperation (COOP.II) Department dated^{13.04.2023appointing} new Three Member Non-Official Person-In-Charge Committee. Aggrieved by the same, the petitioner preferred W.P.No.9462 of 2023^{beforethisCourtand}

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after considering the facts and circumstances, the said G.O.Rt.No.233 was suspended until 30.07.2023. Inspite of the said order, the respondents have appointed another Official person In-charge Committee from 31.07.2023 to 30.01.2024. Subsequently, the respondents issued impugned^{G.O.Rt.No.102} Agriculture & Cooperation (COOP.II) Department dated 03.02.2024 appointing 6*^ respondent as Chairperson of the said Committee. In the General Body meeting, after verifying all the records, though the 6*^ respondent misused funds of the society and was due of an amount of Rs.9,61,254/- to the^{5*^} respondent society. As per Section 21-A of the Cooperative Societies Act, the 6'" respondent is not eligible to be elected as Chairperson or Member due^to the irregularities committed by him.

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The petitioners also made representations dated 03.10.2023 and 22.01.2024 to the 2'"'* respondent, requesting not to appoint the 6‘^ respondent for the post of Chairperson which was forwarded to the 3'''^ respondent to take necessary action and also directed to submit report. Thereafter, an enquiry was conducted and report dated 20.10.2023 was sent to the higher officials holding that the 6‘^ respondent was due of an amount of Rs.9,61,254/-. On which, 3"'^ respondent appointed an enquiry officer under Section 51^of the Act specifically mentioning that there is allegation against the respondent. Hence, the writ petition.

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The 4^^ respondent filed counter admitting the appointment of petitioner as Chairperson for the relevant period as stated in the petition and also the appointment of new committee subsequently. It is also admitted that the

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petitioner is filed W.P.No.9462 of 2023 challenging the above G.O.Rt.No.233 and as per the directions of the Hon’ble Court, the petitioner has assumed charge again and continued for the rest of his period. It is further submitted that the petitioner after assuming charge as Chairperson after 12.05.2023, has claimed that the 6*^ respondent has misappropriated an amount of Rs.9,61,264/- towards conduct of paddy procurement business for the period 17.04.2023 to 11.05.2023 and as such, he is not eligible^to be continued as a member of the Person In-Charge Committee. But though^the entire amount was placed under ‘due to’ has been reimbursed by the Civil Supplies Department as on 15.12.2023 and also ‘no due certificate’ was issued by the then Chairperson of the Person In-Charge Committee and on such clearance, the recommendations to PIC Committees were sent in January, 2024. As such, the allegation of the petitioner against the 6*^ respondent is not eligible is totally false.

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6'*^ respondent also filed counter stating that he paid the entire due amount was cleared and thereafter no due certificate was also issued by the authorities. As per Section 21(A) of the A.P. Cooperative Societies Act, disqualification on his candidature is not applicable since ‘no due certificate’ was issued to him. As per the provisions of A.P. Cooperative Societies Act, he was rightly appointed under G.O.Rt.No.102, dated 03.02.2024.

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For better appreciation. Section 21 (A) of Andhra Pradesh Cooperative Societies Act, 1964, extracted hereunder:

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21-A. Disqualification for membership of committee:— [Rule 24,30] [(1)] No person shall be eligible for being chosen as, and for being, a member of the committee, if he— (a) is such near relative of such paid employee of the society or its financing bank as may be prescribed; (b) is in default in the payment of any amount due in cash or kind to or prescribed

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or (c) IS a person against \A/hom any amount due under a decree decision, award or order is pending recovery under this Actwork being doneanyforinterestthe society,in anyexceptsubsistingas otherwisecontractprescribedmade with or (e) IS of unsound mind and stands so declared by competent Court, a deaf-mute or a leper; (f) is appearing as legal practitioner on behalf of or against the society ; n£if of such kind as the Registrar may by S thi ^ business which is in conflict with the objects, or interests of the Society (h) has been sentenced to imprisonment ’for an offence under the Protection of Civil Rights Act, 1955 rlmrfi Administrative Officer or an employee of the^Stateor from thel°nTnT?h Z T aid om the funds of the State or Central Government or an employ^ of Gcemmern

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deing a Member of the committee of any society formed by and for the benefit of the concerned class of the employees specified in this clause0) IS convicted by a Criminal Court for an offence involving moral deliquency: Provided that the disqualification under this clause shall subsist for a period of five years from the date of conviction or where he is sentenced to imprisonment while . undergoing sentence and for a period of five years from the date of expiration thereof delegate of a society sitting on the committee of any other society, shall cease to be such delegate if— (i) his delegation is withdrawn (ii) the committee which elected him as the delegate, has been superseded d'efinS commits default in the payment of any amount due in cash or kind to such other society for the period prescribed or Ov) the affairs of the society of which he is’the delegate are wound

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Considering the above facts and circumstances of the case, since the 6 th respondent has cleared the 'due amount’ and thereafter in pursuance of issuance of ‘no due certificate’ the 6‘^ respondent was appointed as Chairperson of Non-Official In-^h7rge Committee for 5*^ respondent society

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which is infact as per the provisions of the A.P. Cooperative^{SocietiesAct,} 1964, this Court does not find any merits in this case.

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Accordingly, the Writ Petition is dismissed. There^{shallbenoorderasto}

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costs.

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As a sequel, miscellaneous applications, pending, if^any, shall also

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stand closed.

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SDI- G SRINIVAS REDDY DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

One CC to Sri Narasimha Rao Gudiseva Advocate [OPUC]

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Two CCs to GP FOR COOPERATION, High Court of Andhra^Pradesh [OUT]

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One CC to Sri G.V. Anand Kumar

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Three CD Copies

PKS

HIGH COURT

DATED: 24/04/2024

ORDER

WP.No.5036 of 2024

OV= ANDhjff
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■7^ 1 3 DEC 202^ m
AO
, Current S^^tion
pat c

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DISMISSING W.P.

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WITHOUT COSTS

V v. v Bhaskar v the State of Andhra Pradesh

Case brief

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V v. v Bhaskar v the State of Andhra Pradesh

Case brief

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