PULUGAM SRINIVAS Vs. ASSISTANT DIRECTOR

JUDGEMENT

(1.) THIS Writ Petition is filed for a mandamus to set -aside proceedings in Rc.No.522/1/2010 -B, dated 27 -4 -2013 of respondent No.1 whereby he has superseded the Jogipet Cluster Consortium constituted vide Rc.No.522/1/2010 -B dated 5 -3 -2013 and reconstituted the same with respondent No.3 as its Chairman.

(2.) THE brief facts leading to the filing of this case are that the Government of India, Ministry of Textiles, has granted the Integrated Handloom Development Scheme (for short ''the IHD Scheme '') under which clusters are identified for release of financial grants to such identified clusters. Jogipet Handloom Cluster is one such cluster. The IHD Scheme further envisages a Consortium for each Cluster comprising stake holders/weavers for carrying on activities such as maintenance of yarn depot, stocking finished cloth etc. Respondent No.1 has been authorised to constitute the Cluster Consortium for the Jogipet Handloom Cluster. Accordingly, by proceedings dated 7 -4 -2011, respondent No.1 has constituted a Cluster Consortium with 8 members, with the direction to get the same registered under the Societies Registration Act and accordingly the Cluster was registered on 8 -9 -2012. As six out of the eight Consortium members have resigned, on 30 -1 -2013 respondent No.1 has re -constituted the Cluster Consortium with the petitioner as the Chairman and nine persons as its members. About a month and a half later, respondent No.1 has superseded the re -constituted Cluster Consortium in question and constituted a fresh Cluster Consortium with respondent No.3 as its Chairman and 11 other persons as its members. It is this proceeding which is questioned in this Writ Petition.

(3.) RESPONDENT No.1 alone filed a counter -affidavit. Respondent No.3, who is the contesting respondent, has not filed any counter affidavit. In the counter -affidavit filed by respondent No.1, it is inter alia stated that after re -constitution of the Jogipet Cluster Consortium on 5 -3 -2013, a team of 12 weaver representatives, including the ex -Cluster Consortium Chairman -respondent No.3 made a representation to the Hon 'ble Deputy Chief Minister of Andhra Pradesh on 23 -3 -2013 for recommendation of their names for formation of Cluster Consortium with respondent No.3 as its Chairman and the recommendation of the Hon 'ble Deputy Chief Minister was forwarded to the office of respondent No.1 and that the said proposal was kept pending for about one month. Respondent No.1 further submitted that the said team of 12 weaver members again personally approached the Hon 'ble Deputy Chief Minister and complained of the delay, upon which the latter issued oral instructions to appoint the said 12 members who made their representation on 23 -3 -2013 with respondent No.3 as the Chairman of the Cluster Consortium and that in pursuance of the same, respondent No.1 has issued the impugned proceedings superseding the previous Cluster Consortium constituted on 5 -3 -2013 and appointed the new Cluster Consortium.