STATE GOVERNMENT GAZETTED OFFICER CO OPERATIVE HOUSE BUILDING SOCIETY Vs. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETY

JUDGEMENT

(1.) ELECTIONS to the managing committee of the petitioner-society were held on 6. 2. 2008 and a committee was elected. The 2nd respondent filed E. O. P. No. 2 of 2008 before the A. P. Co-operative Tribunal, visakhapatnam, under Section 62 (4) of the a. P. Co-operative Societies Act (for short 'the Act' ). During the pendency of the o. P. , he filed LA. No. 95 of 2008 under section 151 of CPC with a prayer to restrain the general body of the society from taking or implementing any policy decision. The application was opposed by the petitioner. Through its order, dated 30. 8. 2008, the tribunal allowed the LA. The same is challenged in this writ petition.

(2.) SMT. Bobba Vijaya Lakshmi, learned Counsel for the petitioner submits that the LA. filed by the 2nd respondent is totally outside the scope of the Tribunal under Section 62 of the Act. She contends that while the challenge is to the election of the managing committee, the 2nd respondent sought to cripple the functioning of the general body itself. She contends that there is absolutely no justification for the Tribunal in passing the impugned order.

(3.) LEARNED Government Pleader for co-operation and the learned Counsel for the 2nd respondent, on the other hand, submit that the effort of the 2nd respondent was only to ensure that no irregularity takes place under the administration of the committee, whose election is challenged. It is urged that the committee was superseded on an earlier occasion and on being elected, it is proposing to conduct the same activities, which were found fault with.