VEESAM RAMA KRISHNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) As all these cases raise the same issues, they are being disposed of by way of this common order.

(2.) The provisions of A.P. Cooperative Societies Act, 1964 (for short 'the Act') require management of every cooperative society to be vested with the managing committee, which is an elected body. These elections are to be held periodically. However, on some occasions, when elections could not be held for any reason and the term of the previously elected body expires, Sec. 32 (7)(1) of the Act empowers the State Government to appoint a person in-charge or a committee of persons incharge to manage the affairs of the society, till an election for constituting the next managing committee can be held. The provisions of Sec. 32(7)(a) is as follows: Sec. 32(7)(a)(i) If there is no committee or in the opinion of the Government or, the Registrar, it is not possible to call a general meeting for the purpose of conducting election of members of the committee, the Government, in respect of such class of societies as may be prescribed and the Registrar in all other cases may appoint a person or persons to manage the affairs of the society for a period not exceeding six months and the Government may, on their own and the Registrar with the previous approval of the Government, extend, from time to time, such period beyond six months, so however that the aggregate period include the extended period if any, shall not exceed three years.

(3.) It appears that the term of the elected management committees in Cooperative Societies across the State has expired some time back and elections to a large number of these societies had not been conducted. The Government, invoking the power under Sec. 32(7), and the Registrar in some cases, had appointed either a single person incharge committee or a three member person in-charge committee for all such societies. In that process, the petitioners in these writ petitions who were either members or part of the erstwhile managing committees of the societies were appointed as persons in-charge of their respective societies.