VILLURI RAMU Vs. GOVT OF A P

JUDGEMENT

(1.) The question raised on behalf of the petitioners by their learned counsel is that the impugned order passed on 1-9-1994 in G.O. Rt. No. 998 appointing body of non-officials as person Incharges to manage the affairs of respondent No. 3, the Anakapalii Co- operative Sugars Limited is ultra vires there being no provision to exercise such power.

(2.) The writ petition had been originally filed challenging the continuance in office of the person in charge, respondent No. 2, the Director of Sugars, Government of Andhra Pradesh and to issue a writ to hold the elections ot the Society. During the pendency of the writ petition the impugned order having been passed, a petition for amendment has been filed impugning the order. The amendment is allowed.

(3.) The brief facts are that election to the Society had been held in 1981 and the body which had assumed office in pursuance of the election had to go out on expiry of the term on 11-11-1984. A Person in charge was appointed by the Government under Section 32(7) of the A.P. Co-operative Societies Act on 12-11-1984 and thereafter when a steps were being taken for election, some person approached the Supreme Court which passed orders in W.P. No. 622 of 1988 on 23-6-1988 staying the elections. It is the common case of the parties that the order of stay still continues. In G.O.Rt. No. 993 dated 4-10-1988 a person in charge was appointed for three months and was continued, by extensions, till 31-12-1989 and thereafter from 1-1-1990 the 2nd respondent was a pointed as person in charge. For a short period, from 10-5-1992 to 9-11-1992 the 4th respondent had been the person in charge. Thereafter during the pendency of the present petition the impugned order has been passed.