Petitioner sought writ direction to continue its Person Incharge Committee till elections. Court held that non-aided societies cannot claim such continuance under the Act. Petition dismissed as devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.7487 of 2012
Dated: 04.12.2012
Between: T h e Jawahar Nagar Land – Cooperative Colonization Society, Secunderabad, rep. by its Chairman, In-Charge Committee.
…..Petitioner
And
The Commissioner for Cooperation and Registrar of Co-operative Societies, Hyderabad & others.
…..Respondents
HON’BLE SRI JUSTICE R. SUBHASH REDDY
WRIT PETITION No.7487 of 2012
ORDER :
This writ petition is filed with the following prayer :
Petitioner is a Co-operative Society registered under the A.P. Co-operative Societies Act, 1964 and it claims that its members are Ex-Servicemen. By this writ petition, petitioner seeks directions to the respondents to continue
the existing Managing Committee till elections are conducted as per the procedure laid down under the Act. Earlier, orders were passed on 18.11.2011 in Proceedings Rc.No.1787/2011-E, on the representation filed by five individuals, namely, S/Sri P.M.Muthu, K.Govind Raj, Mohd.Nooruddin, Appa Rao and T.Venkaiah, for revival of the Society and to appoint Person Incharge Committee. Subsequently, noticing that such representation was filed fraudulently by suppressing the facts, further orders dated 10.05.2012, are passed, rescinding the earlier order dated 18.11.2011. The order dated 10.05.2012, is the subject matter of challenge in W.P.No.32017 of 2012, which is dismissed by a separate order.
The relief in the present writ petition is sought only on the ground that the present Person Incharge Committee is entitled to continue till fresh elections are held to such Committee. It is to be noticed in this writ petition that if a Society is not an aided Society, like the petitioner-Society, the members of such Society cannot seek, as a matter of right, to continue in the Person Incharge Committee to manage its affairs. Under the scheme of the A.P. Co-operative Societies Act, 1964, if the Society registered under the said Act is not an aided Society, only the incumbent committee can hold elections to the Managing Committee of such Society under Section 31(2)(c) of the Act, but by merely obtaining orders to
continue in Person Incharge Committee, which are already cancelled vide proceedings dated 10.05.2012, the petitioner-Society cannot seek any directions to continue the same Committee till elections are conducted. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
______________________ R. SUBHASH REDDY, J 4th December 2012 mrr/ajr
1 issue framed by the court
Whether the petitioner, a non-aided cooperative society, can seek directions to continue the existing Person Incharge Committee pending elections.
1 provisions across 1 enactments
The Jawahar Nagar Land Cooperative Colonization Society, Secunderabad
The Commissioner for Cooperation and Registrar of Co-operative Societies, Hyderabad
R. Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
