TIKKAVARAPU YANADIREDDY Vs. DODLA AUDISESHA REDDY

JUDGEMENT

(1.) The point taken by the petitioners in this writ petition, as to the power of the Deputy Registrar of Co-operative Societies to allow the amendment of a petition filed under section 51 of the Madras Co-operative Societies Act, 1932 (hereinafter referred to as the Act) and to permit the adding of parties, though plausible, is hyper-technical and cannot prevail.

(2.) The facts giving rise to this question may be briefly stated. Respondents 1 to 4 filed a petition under section 51 of the Act before the Deputy Registrar of Co-operative Societies, Nellore North, alleging that the term of the Board of Directors of Brahmadevam Kailashnath Large-scale Co-operative Society (hereinaftefr referred to as the Society) was due to expire on July 21, 1961 ; that the Board had called for a general body meeting of the Society on July 19, 1961, at 2 P.M. at the grama-chavidi of Brahmadevam village to elect new office-bearers ; that the first petitioner who was then the President of the Society, did not turn up at the meeting that therefore the meeting was held under the chairmanship of the first respondent, and the representative body was elected who, in turn, elected the directors ; that the directors elected respondents 1 to 4 as members of the executive committee ; that the latter then gave notice to the first petitioner to hand over all the account books and records of the Society ; and that on the first petitioner refusing to do so, they had to file a petition under section 51 of the Act seeking an order directing the first petitioner to deliver all the account books, records and properties of the Society to respondents I to 4. To this petition, the first petitioner alone was made a party.

(3.) The first petitioner filed a counter contending inter alia that all the allegations were false ; that the directors had, in fact, met on July 10, 1961 and called for a general body meeting on July 19, 1961 at 2 P.M. at Govindareddipalem to elect the new Board of Directors ; that due publicity of the proposed meeting had been given by beat of tom-tom ; that the general body meeting did, in fact, take place on the aforesaid date at Govindreddipalem under the chairmanship of the first petitioner and elected the petitioners herein as directors ; that on the next day the directors elected the office-bearers and the first petitioner was elected as President that the meeting alleged to have been held by respondents 1 to 4 at Brahmadevam was not valid ; that respondents 1 to 4 had no right to ask the petitioner to hand over the account books, etc., to the Society; and that the petition may be dismissed.