P. BALAKRISHNAM NAIDU Vs. GOVERNMENT OF AP

JUDGEMENT

(1.) The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

(2.) It is the case of the petitioner that he was elected as President of Budithi Primary Agricultural Co-operative Society (for short "Budithi PACS") and working as such for the last 4 decades. The said society was registered vide Registered Number A846 dtd. 21/5/1977. He has been rendering services without any remark. While the matter being so, respondent No.2 issued proceedings vide R.C.No.173/2018-C dtd. 31/1/2023 appointing the petitioner as Chairperson and two other persons as in-charge committee to the Budithi PACS under Sec. 32 (7) (a) (i) and 32 (7) (a) (ii) and Sec. 123 of the Andhra Pradesh Co-operative Societies Act, 1964 in the place of existing official three persons from 31/1/2023 to 30/7/2023 or till the conduct of elections or till further orders, to manage the affairs of the Budithi PACS. Later, in partial modification of the orders issued in R.C.No.173/2018-C dtd. 31/1/2023, respondent No.1 issued G.O.Rt.No.225 Agriculture and Cooperation (COOP.II) Department dtd. 13/4/2023 appointing respondent No.3 as person in charge of Budithi PACS. As per the proceedings dtd. 31/1/2023 issued by respondent No.2, the petitioner is entitled to continue as Chairperson till 30/7/2023. But, before expiry of the term of the petitioner, G.O.Rt.No.225 dtd. 13/4/2023 was issued appointing three member Non-official PIC committees to certain PACSs in Srikakulam District. Accordingly, proceedings vide Rc.No.173/2018-C dtd. 17/4/2023 were issued appointing respondent No.3 as Chairperson to Budithi PACS.

(3.) It is further stated that, challenging the proceedings Rc.No.173/2018-C dtd. 17/4/2023, the petitioner filed W.P.No.11430 of 2023 before this Court, wherein this Court granted interim direction on 2/5/2023 directing respondent No.2 therein to continue the petitioner as a Chairperson of Budithi PACS in terms of the proceedings dtd. 31/1/2023. Later, the petitioner filed I.A.No.2 of 2023 in the said writ petition seeking extension of interim order till conducting elections to the Budithi PACS. When the said I.A.No.2 of 2023 in W.P.No.11430 of 2023 came up before this Court on 25/7/2023, the learned Government Pleader has placed on record copy of proceedings vide R.C.No.173/2018-C dtd. 6/5/2023 stating that in pursuance of the interim orders granted by this Court on 2/5/2023, the proceedings R.C.No.173/2018-C dtd. 17/4/2023 were withdrawn and the petitioner is being continued as Chairperson. Basing on the proceedings dtd. 6/5/2023 placed on record by the learned Government Pleader, W.P.No.11430 of 2023 was closed. But, all of sudden, on 1/8/2023 respondent No.2 issued impugned proceedings Rc.No.173/2018-C appointing respondent No.3 as Chairperson in the place of the petitioner. Challenging the proceedings dtd. 1/8/2023, the present writ petition is filed.