CHITTIRI SIMMANNA Vs. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES DIVISION CO OPERATIVE OFFICER SRIKAKULAM

JUDGEMENT

(1.) Though the matter is listed under the caption "Interlocutory", at the request of both sides, the main writ petition itself is taken up for hearing and disposal.

(2.) The petitioners seek a declaration that the order of the 1st respondent in Re. No. 3842/95-4, dated 16-1-2003, superseding the Managing Committee of the 2nd respondent-Niddam Primary Agriculture Co-operative Society, Srikakulam District (for short "the society") and appointing the 3rd respondent as person-in-charge, as illegal and arbitrary.

(3.) The undisputed facts are as under: The petitioners are erstwhile elected members of the managing committee of the society and by virtue of the policy of the Government, the petitioners have been appointed as persons-incharge of the society for a period of six months and they are being continued from time to time. While so, the Registrar had issued certain instructions to the committee of persons-in-charge to keep the Secretary of the society under suspension with immediate effect in relation to certain irregularities said to have been committed by him, after passing a resolution by convening a meeting of the committee. It appears that a committee meeting had been conducted and a copy of the resolution had been communicated to the Registrar stating that there is no need to suspend the Secretary of the society. Consequent upon the said communication, the 1st respondent had passed the impugned order, dated 16-1 -2003. Hence, the writ petition.