T SUDHAKAR REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) As all the writ petitions are interconnected, they are disposed of by this common judgment.

(2.) By these writ petitions the constitutionality of the Andhra Pradesh Co-operative Societies (Amendment) Act 10of 1991 and Rule 22 (C) issued in G.O.Ms.No. 220, Food and Agriculture, dated 20th March, 1991 and Rule 22 (A) (3) (a) issued in G.O.Ms. No. 224, Food and Agriculture, dated 20th March, 1991, are challenged.

(3.) In the year 1987 elections were held to the Managing Committees of the Cooperative Societies in the State. The term of office of the Managing Committees at that time was five years. By an Ordinance issued on 30th June, 1990, the term of the Managing Committees was reduced to three years, as a consequence of which, almost all the Managing Committees ceased to exist. In order to fill the void, the Government issued various orders appointing Officers as persons-in-charge. Challenging the same, a batch of writ petitions, WP.Nos. 8783 of 1990 and batch, was filed in this Court. By the judgment dated 18th September, 1990, a Division Bench of this Court upheld the Ordinance, but quashed the various G.Os. by which Officers were appointed as persons- in-charge. Act 13 of 1990 was passed by the Legislature of Andhra Pradesh replacing the Ordinance. Challenging the Act 13 of 1990 on the ground that it had the effect of overruling the aforesaid Division Bench judgment, Writ Petition No. 1076 of 1990 was filed in the Hon'ble Supreme Court and the same was disposed of with a direction to the Government to hold elections before December, 1990; the State Government also represented before the Hon'ble supreme Court that they would hold elections to the Managing Committees of all Co-operative societies. Questioning the Act 13 of 1990, Writ Petition Nos. 17035 of 1990 and 28 of 1991 were filed in this court and the same are now pending.