TOGURU SUDHAKAR REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) - The Andhra Pradesh Co-operative Societies Act, 1964 was amended in the year 1991 and a proviso was added to Section 31(1 )(a) of the said Act. The proviso is as under:-

(2.) The State Government in the counter affidavit filed before the High Court justified the enactment of the impugned provisions on the following grounds : '

(3.) The High Court rejected the main contention of the appellants-petitioners on the reasoning that Article 15(3) of the Constitution of India permits the making of special provisions for women. The High Court went into the scheme of the Andhra Pradesh Co-operative Societies Act, 1964 in detail and came to the conclusion that impugned provisions were not arbitrary. The High Court further rejected the contention that reservation beyond 50% was not permissible. The High Court rightly held that the ratio in Balaji's case, (AIR 1963 SC 649) was only confined to the reservations under Articles 15(4) and 16(4) of the Constitution of India.