M V RAMANAIAH Vs. A P SECRETARIAT

JUDGEMENT

(1.) Since both these Writ Petitions relate to the same Co-operative Society, they are heard and being disposed of together. For convenience, the respondents are referred to as arrayed in WP. No. 21493 of 2011. The petitioners in WP. No. 21493 of 2011 were elected as President, Secretary and Directors of respondent No. 3- Society in the election held on 08-10-2010. An inquiry under Section 29 (2) of the A.P. Mutually Aided Co-operative Societies Act, 1995 (for short 'the Act') was instituted. The Divisional Co-operative Officer was appointed as Inquiry Officer. On 31-05-2011, the inquiry Officer submitted his report to respondent No. 2- Commissioner for Co-operation and Registrar of Co-operative Societies wherein he has pointed out the illegality in continuing the Committee after 02-02-2003 and made certain requests and suggestions to the Registrar, which include appointment of Adhoc Committee for the purpose of conducting elections. Basing on the said report, respondent No. 3, in purported exercise of her power under Section 23(3) of the Act, ordered convening of General Body Meeting on 31-07-2011 for appointing an Adhoc Board for the specific purpose of conducting elections to respondent No. 3- Society and to enable and initiate follow up action on the findings in the inquiry report and the recommendations made by the Vigilance and Enforcement Department in their report. Feeling aggrieved by this Order, the petitioners filed WP. No. 21493 of 2011.

(2.) Wp. No. 29040 of 2011 is filed by three of the elected Directors of respondent No. 3- Society for a Mandamus to direct the respondents to conduct elections for the posts of 3 Directors of the said Society by convening General Body Meeting as per law and to declare the acts done by respondent Nos. 3 to 5, who are petitioners Nos. 2, 5 and 6 in WP. No. 21493 of 2011, as Directors of respondent No. 3- Society even after expiry of their term, as void.

(3.) Respondent No. 3 has filed a counter-affidavit wherein she sought to justify the order passed by her which is impugned in WP. No. 21493 of 2011.