DURPALA SASIBHUSHANA RAO PRESIDENT TALLAVALASA CO OPERATIVE CREDIT SOCIETY TALLAVALASA Vs. PAGODU PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY LTD

JUDGEMENT

(1.) This is a petition under section 482, Criminal Procedure Code, for setting aside the order passed by the learned Sessions Judge, Srikakulam, in Criminal Revision Petition No. 32 of 1979, confirming the order of the Judicial First Class Magistrate, Narasannapeta in Crl.M.P. No. 233 of 1978. The petitioner is the President of the Tallavalasa Co-operative Credit Society in Srikakulam district. The 1st respondent is the Pagodu Primary Agricultural Co-operative Credit Society Ltd., represented by its President. The 2nd respondent is the State.

(2.) The facts leading to the filing of this petition are as follows: Under the viability programme, the Divisional Co-operative Officer, Srikakulam, identified Keravanja Primary Agricultural Co-operative Credit Society Ltd., and passed final orders merging Tallavalasa, Pasivada and Pagodu Co-operative Credit Societies in Karavanja Co-operative Credit Society. The amalgamation was published in the District Gazette dated 24th May, 1977. Thereupon, the three merged Co-operative Credit Societies filed appeals before the District Collector, Srikakulam. Under an order dated 9th July, 1977, the Collector modified the amalgamation by identifying Co-operative- Credit Society as viable unit and ordered the merger of the Tallavalasa Co-operative Credit Society in the Pagodu Co-operative Credit Society. The Deputy Registrar of Co-operative Societies, Srikakulam, thereupon nominated a new committee for the newly-formed Pagodu Co-operative Credit Society. The newly-nominated committee obtained a certificate from the Deputy Registrar of Co-operative Societies under sub-section (1), section 117 of the Andhra Pradesh Co-operative Societies Act, for the records and properties of the society, and filed an application before the Judicial First Class Magistrate, Narasannapeta, through its President, the 1st respondent, against the President of the Tallavalasa Co-operative Credit Society for causing production of the records of the merged Tallavalasa Co-operative Credit Society. On the day when the petition was taken up for hearing by the Magistrate, the President of the Pagodu Co-operative Credit Society was absent. The Magistrate heard the Advocate for the Tallavalasa Co-operative Credit Society and allowed the petition. He directed the President of the Tallavalasa Co-operative Credit Society to deliver the records to the President of the Pagodu Co-operative Credit Society by the 23rd of May, 1979. The President of the Tallavalasa Co-operative Credit Society preferred a revision before the Sessions Judge and that revision was dismissed . The President of the Tallavalasa Cooperative Credit Society has thereupon come up to this Court with this petition.

(3.) Sri K. Raghavachari, the learned Counsel for the petitioner, contends that the proceedings before the Magistrate and the Sessions Judge are null and void and that their orders are, therefore, liable to be quashed. It is submitted by Sri Raghavachari that, in so far as the Pagodu Co-operaive Credit Society is an amalgamated society and its committee is nominated by the Deputy Registrar under section 15-A of the Act, no application under section 117 of the Old Act before the Magistrate can be filed. The learned Counsel for the 1st respondent, Sri A. Suryanarayana, contends that this objection was not raised by the petitioner either before the Magistrate or before the Sessions Judge and that, therefore, it would not be open to him to raise that objection at this late stage before the High Court. It is further argued by the learned Counsel for the 1st respondent that there is now an elected committee for the amalgamated Pagodu Co-operative Credit Society and that, therefore, the orders of the Courts below directing the petitioner to deliver the records to the President of the Pagodu Co-operative Credit Society do not call for any interference. The certificate issued by the Deputy Registrar under section 117 (1) clearly shows that he issued the certificate in favour of the nominated committee of the Pagodu Co-operative Credit Society. Section 117 (1) prior to its being amended by the Andhra Pradesh Act XXVIII of 1978, was as follows: