Disposed

G. Purnachandra Rao, v. The Central Cooperative Registrar, Ministry of Agriculture

Telangana HC21 Nov 2012WA/1214/2012

Case brief

AI extract

What is this about?

In Writ Appeal No. 1214 of 2012, the Supreme Court directed the respondent authorities to decide the dispute between the appellant and respondent No.3 regarding the eligibility of a co-opted director to be elected as chairman of a Multi-State Cooperative Society under Section 84(2)(c) of the Act, after affording a chance of hearing to both parties.

What did the court decide?

Direct the respondent authorities to decide the matter within six weeks after affording a chance of hearing to the appellant and respondent No.3.

G. Purnachandra Rao, Vs The Central Cooperative Registrar, Ministry of Agriculture — Telangana HC (2012) — LawSathi Research

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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

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AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WRIT APPEAL NO.1214 OF 2012

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DATED:21.11.2012

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Between: G. Purnachandra Rao … Appellant And The Central Cooperative Registrar Ministry of Agriculture Krishi Bhavan New Delhi and others … Respondents

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THE HON’BLE THE ACTING CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE AND THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

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WRIT APPEAL NO.1214 OF 2012

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JUDGMENT: (per the Hon’ble the Acting Chief Justice Sri Pinaki Chandra Ghose)

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This writ appeal is directed against the order dt.27.8.2012 passed by the Hon’ble Single Judge, in W.P. No.26165 of 2012.

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The appellant – writ petitioner filed the writ petition for a Writ of Mandamus directing respondent No.1 to consider and dispose of the representation of the petitioner dt.24.4.2012 by duly giving the findings whether a Co-opted Director like respondent No.3 is eligible to be elected as Chairman of respondent No.2 – Multi State Cooperative Society and whether Co-opted Directors have the status of being equals to the elected Directors, to be elected as Chairman of a Multi State Cooperative Society like respondent No.2 – Society.

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It is not in dispute that respondent No.2 is a Society registered under the provisions of the Multi-State Cooperative Societies Act, 2002 (for short, ‘the Act’). The Hon’ble Single Judge was pleased to dismiss the writ petition holding that the writ petition is devoid of merit.

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Being aggrieved and dissatisfied with the said order dt.27.8.2012 passed by the Hon’ble Single Judge, this appeal has been filed by the appellant – writ petitioner.

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Having heard the learned counsel for the parties, it appears to us that the dispute should be resolved by the respondent authorities as per Section 84(2)(c) of the Act.

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We have been informed that the appellant has already

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approached the respondent authorities in the matter. In that case, the authorities concerned shall decide the matter in question, after giving a chance of being heard to the appellant – writ petitioner as well as respondent No.3, and pass an appropriate order in accordance with the provisions of law, within six weeks from date.

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The writ appeal is accordingly disposed of. No costs.

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__________________________ PINAKI CHANDRA GHOSE, ACJ

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_____________________ VILAS V. AFZULPURKAR, J 21.11.2012 bnr

G. Purnachandra Rao, v. The Central Cooperative Registrar, Ministry of Agriculture

Case brief

What is this about?

What did the court decide?

G. Purnachandra Rao, v. The Central Cooperative Registrar, Ministry of Agriculture

Case brief

What is this about?

What did the court decide?

What the court decided

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