LAWS(APH)-2011-7-55

CHIRLAMCHERLA CHINNA VENKATA SUBBAIAH Vs. VASAVI KANYAKA PARAMESWARI ARTS SCIENCE AND COMMERCE COLLEGE COMMITTEE

Decided On July 05, 2011
CHIRLAMCHERLA CHINNA VENKATA SUBBAIAH Appellant
V/S
VASAVI KANYAKA PARAMESWARI ARTS, SCIENCE AND COMMERCE COLLEGE COMMITTEE, MARKAPUR Respondents

JUDGEMENT

(1.) The 1st Respondent-society was registered way back in the year 1966. It appears that Respondent No. 2 and his brother, by name Balaratnam, gave a considerable amount of Rs. 25,000/- to the society. As a measure of gratitude, the members have resolved to appoint the 2ndRespondent and his brother as Presidents in alternative terms of three years with hereditary rights. The election of the other office bearers was being held from time to time. The affairs of the society were being administered with that arrangement.

(2.) The Petitioner filed S.R.O.P. No. 2 of 2006 in the Court of I Additional District Judge, Ongole against the Respondents under Section 23 of the A.P. Societies Registration Act, 2011 (for short 'the new Act') with a prayer to declare bye-law 9(b) of the society as illegal, void and contrary to Section 14 of the new Act, for mandatory injunction directing Respondents 2 to 4 to conduct elections to all the posts in the executive committee and to direct the society to amend the bye-laws suitably. He pleaded that whatever may have been the justification or legality of bye-law 9(b) before the new Act came to be enacted, once Section 14 of the new Act mandates that election shall be held to the committee periodically, it becomes impermissible for Respondents 2 and 3 to act as Presidents on nomination basis.

(3.) The application was opposed by the Respondents. It was urged that the arrangement was in existence almost for half a century and that the same cannot be altered at this length of time. They further pleaded that Section 14 of the new Act does not prohibit the nomination of any office bearers and on the other hand, Section 5(v) permits of such an arrangement. It was also pleaded that the new Act does not have effect on the bye-laws, that were framed by the society registered under the A.P. Public Societies Registration Act. The trial Court dismissed the O.P, through judgment, dated 28.09.2010. Hence, this revision under Article 227 of the Constitution of India.