VENUGOPALASWAMY SHEEP BREEDERS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed to declare the action of the respondents in not conducting elections to the petitioners Societies and also proposing to appoint third parties as persons in-charge of the petitioners Societies, as illegal and arbitrary.

(2.) The case of the petitioners is that they are Primary Sheep Breeders Cooperative Societies of Kurnool District. There are 421 Primary Sheep Breeders Cooperative Societies in Kurnool District looking after the welfare of the sheep breeders. Out of 421 societies in Kurnool District, the term of Managing Committees of 152 Societies would expire from 03.06.2021 to 30.06.2021, out of which majority of them would expire by 03.06.2021. The petitioners 1 to 4 herein are the Directors, whose term would expire by June, 2021. As per Section 31(2)(b) of the A.P.Cooperative Societies Act, 1965 (for short 'the Act'), the elections have to be conducted by the Registrar of the Societies before expiry of the term of the respective Managing Committees. In spite of the requests and representations of the petitioners, the elections could not be conducted, due to present pandemic situation. If the term of the Managing Committees of the Society is not extended or President, Directors are not nominated as the persons in-charge to manage the affairs of the Society, their membership in the District Union would cease. Though, the respondents have got power to extend the term of the office of the petitioners, they did not do so and the petitioners apprehend that the respondents would appoint third parties as persons in-charge, without considering the extension of the present Managing Committees. Challenging the action of the respondents in not conducting election to the petitioners societies and proposing to appointment third parties as persons in-charge under Section 32(7)(a) of the Act, the present writ petition is filed.

(3.) Heard learned counsel for the petitioners and learned Assistant Government Pleaders for Animal Husbandry, Revenue and Cooperation appearing for the respective respondents.