Disposed

Gundu Ramulu v. The Government of Andhra Pradesh

Telangana HC12 Oct 2012WA/1234/2012

Case brief

AI extract

What is this about?

In this writ appeal, the court modified the lower court's order dismissing a petition against the removal of society members. It directed fresh elections for the Handloom Weavers Cooperative Society within eight weeks. Until new committee takes charge, the Registrar of Cooperative Societies must appoint an Administrative Officer.

What did the court decide?

Fresh elections for the society to be conducted within eight weeks; Registrar of Cooperative Societies to appoint Administrative Officer until new committee takes charge.

Gundu Ramulu Vs The Government of Andhra Pradesh — Cooperative Societies | Telangana HC (2012)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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FRIDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND TWELVE

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PRESENT

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THE HON'BLE ACTING CHIEF JUSTICE PINAKI CHANDRA GHOSE AND

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THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR

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WRIT APPEAL No.1234 of 2012

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BETWEEN

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Gundu Ramulu and another.

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…APPELLANTS

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AND

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The Government of Andhra Pradesh, rep. by its Principal Secretary, Cooperative Department, Secretariat, Hyderabad and others.

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…RESPONDENTS

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Counsel for the Appellants: MR. S. LAKSHMA REDDY

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Counsel for the Respondents: GP FOR INDUSTRIES & COMMERCE MR. A. JAGAN

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The Court made the following:

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

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This writ appeal is directed against the order passed by the learned single Judge in WP.No.1011 of 2011 dated 09.03.2012.

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2. In this appeal, it appears to us that allegations and counter-allegations

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have been made by the parties, who wanted to act as the President and Secretary of the Handloom Weavers Cooperative Society Limited, Velvarthy Village, Valigonda Mandal, Nalgonda District.

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3. The erstwhile President of the society, who is shown as third respondent in this appeal, was found to have indulged in criminal activities including forgery of signature of Secretary of the society and withdrawal of an amount of Rs.1,10,000/-, which is said to be the subject matter of FIR.No.99 of 2010 dated 05.10.2010 registered against him before the PS Valigonda. He was, accordingly removed by no-confidence motion dated 27.10.2010. The said third respondent filed WP.No.1011 of 2011, which was ultimately dismissed on 09.03.2012 and against that, he preferred an appeal, being WA.No.403 of 2012, which was also dismissed on 17.04.2012 taking note of the fact that new President has since been elected. The present appeal is preferred by two of the members of the society against the very same order of the learned single Judge in WP.No.1011 of 2011 dated 09.03.2012.

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4. Counter affidavit filed by the Assistant Director of Handlooms – second respondent states that the erstwhile President claimed to have removed four members of the managing committee on the ground that they are defaulters of the society in the general body meeting dated 23.12.2010. However, on verification, it was found that the agenda dated 08.11.2010 calling for the said meeting dated 23.10.2010 was as follows:

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‘1. To discuss regarding the loan obtained by the society from the government and to pass a resolution requesting to waive the same.

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2. The Asst. Director, Nalgonda, the Executive Members of the society should participate and they should inform regarding the personal bank loan obtained from the society and loan from government. The meeting is called to waive your loans.’

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It would be noticed from the above that there was no agenda for removal of four members of the managing committee.

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5. Learned single Judge dismissed WP.No.1011 of 2011 rejecting the

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said contention of the erstwhile President with regard to removal of four members of the managing committee on the ground of they being defaulters.

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6. In this appeal, several allegations and counter-allegations are made by the parties, which are with respect to the erstwhile President and the alleged removal of four members of the managing committee as well as allegations against the present members of the managing committee, which is said to in office since 13.04.2012 wherein the seventh respondent was declared as President.

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7. We, therefore, find that it would not be proper for us, at this stage, to interfere with the order of the learned single Judge but modify the same by directing the respondent authorities to conduct fresh elections, in the matter, in question and the successful candidate should be handed over charge of the aforesaid society by the official respondents.

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8. We, further, make it clear that the respondent concerned shall issue notice to all the parties and members for holding such elections and such elections should be conducted in accordance with the rules within a period of eight (8) weeks from the date of communication of this order. Until such new committee takes charge of the aforesaid society in terms of the rules, the Registrar of Cooperative Societies shall appoint an Administrative Officer, in the matter, who shall conduct the day-to-day business of the aforesaid society.

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The writ appeal is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand disposed of as infructuous. In the circumstances, there shall be no order as to costs.

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_________________________ PINAKI CHANDRA GHOSE, ACJ

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_____________________ VILAS V. AFZULPURKAR, J

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October 12, 2012 DSK

Gundu Ramulu v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Gundu Ramulu v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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