SANKA RAMESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners herein, who claim to be residents of Pothunuru village and members of the Bhogeswara Swamy Visala Sahakara Parapathi Sangham, Pothunuru village, Denduluru mandal, West Godavari district-6th respondent, seek to challenge G.O.Rt.No.451, Agriculture and Co- operation (Coop.II) Department, dtd. 16/7/2021, insofar as appointment of 7th respondent herein as Chairperson of person in-charge committee (PIC) for management of affairs of 6th respondent is concerned, as violative of the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, 'the Act, 1964').

(2.) It is stated in the affidavit filed in support of the Writ Petition that 7th respondent is wife of one Dulipalla Nagendra Vara Prasad, who worked as President of the Managing Committee of 6th respondent society during the years 2013 to 2019, and on the allegation of abusing his position during his tenure and misappropriation funds of the societies by committing grave irregularities and illegalities, enquiry under Ss. 51 and 52 of the Act, 1964 is pending against him. It is further stated that due to political pressure, 1st respondent issued the impugned G.O.Rt.No.451, dtd. 16/7/2021 appointing 7th respondent as Chairperson of PIC for management of affairs of 6th respondent society by invoking the provisions of Sec. 32 (7) (a) (i) and 32 (7) (a) (ii) of the Act, 1964 and relaxing continuation of existing committee by invoking Sec. 123 thereof. Hence the Writ Petition.

(3.) Respondents 1 to 4 filed counter affidavit denying the averments in the affidavit filed in support of the Writ Petition and contending inter alia as follows.