BANDARU RAMU Vs. SECRETARY TO GOVERNMENT HOUSING DEPARTMENTR

JUDGEMENT

(1.) The petitioner claims to be a member of the A.C.C. Employees and Industrial Co operative House Building Society Limited, Vijayawada (here in after referred to as 'the society') which was registered in the year 1975 under the provisions of the A.P. Co operative Societies Act, 1964 (for short, 'the Act'). It is stated that the 5th respondent was the last elected President of the Managing Committee of the society, the term of which expired on 9-10-2001. There after, the 3rd respondent - Divisional Co-operative Officer, Vijayawada by proceedings dated 8-10-2001 appointed persons-in-charge under Section 32 (7) (a) of the Act for a period of six months. Aggrieved by the same, the 5th respondentfiled a Revision Petition before the Government of A.P. Pending the said Revision, by orderdated 23-11-2001 the 1st respondent - Government of A.P. directed the 3rd respondent to appoint erstwhile committee headed by the 5th respondent and others as persons-in-charge committee for a period of six months or till the elections are held in accordance with the rules. In pursuance there of, the 5th respondent as Chairman along with other members has been continuing as persons-in-charge committee and its term has been extended from time to time vide proceedings of the 3rd respondent dated 14-6-2002 and 12-9-2002.

(2.) While so, since the 5th respondent was not residing at Vijayawada, the seat of the society and there was no progress in the allotment of plots of the society, the petitioner made a representation bringing the same to the notice of the 3rd respondent. In response, the 3rd respondent by letter dated 30-7-2003 advised the society that the members themselves can take steps to convene the general body and elect a temporary part-time person-in-charge committee among themselves to mange the affairs of the society if the President is not available to the members and acting against the interest of the members of the society. Pursuant there to, the General Body Meeting was held on 16-8-2003 and a committee was elected with the 4th respondent as President, one G. Subbarao as Secretary and five others as Directors. The fact of the said election was duly intimated to the third respondent by the 4th respondent vide his letter dated 8-9-2003 requesting to arrange handing over the records from the 5th respondent. That apart, on a representation made by the newly elected body, the 1st respondent - Government of A.P. vide memo dated 6-10-2003 also issued directions to the 2ndrespondent-CommissionerforCo-operation to arrange for handing over the records to the newly elected committee headed by 4th respondent. Accordingly, the 2nd respondent by letter dated 14-10-2003 issued necessary directions to the 3rd respondent.

(3.) However, the 3rd respondent issued proceedings dated 28-10-2003 purportedly in exercise of powers under Section 32 (7) (a) of the A.P. Co-operative Societies Act, 1964 appointing the Co-operative Sub-Registraras part-time person-in-charge of the society for a period of six months from 29-10-2003 or till the elections are held whichever is earlier. In the said proceedings, the elections held to the society on 16-8-2003 being contrary to Section 31 of the Act and Rule 22 of the Rules were cancelled. It appears that aggrieved by the said proceedings dated 28-10-2003 in appointing a person-in-charge, the 5th respondent made a representation dated 29-11 -2003 before the 2nd respondent claiming that the elections to the managing committee of the society were held on 9-9-2002 and there fore the committee elected is entitled to hold office till 8-9-2007. The said representation was treated as a Revision under Section 77 of the A.P. Co-operative Societies Act, 1964 and by order dated 17-12-2003 the 2nd respondent, while calling for the records and remarks on the representation, suspended the proceedings of the 3rd respondent dated 28-10-2003.