PADAGA AMBHA BAYAMMA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) THESE two writ petitions which are based on the same set of facts involving common questions for consideration are heard and decided together by this common order.

(2.) THE petitioner in W. P. No. 27414 of 2007 is one of the Directors of the primary Agricultural Co-operative Society (for short, 'pacs'), Shaligouraram village, Nalgonda District. The Managing Committee of the said society which was elected on 23. 10. 2005 consists of 13 members including the petitioner and the 5th respondent herein. While so, on account of the resignation tendered by the President of the society on 2. 5. 2007 a vacancy arose. Even prior to that, the 5th respondent on account of his election to Mandal Parishad Territorial constituency (MPTC), Chittalur on 28. 6. 2006 ceased to be a member of the managing Committee of PACS under Section 21-A (1b) of the A. P. Co-operative societies Act, 1964 (for short, 'the Act' ). In the circumstances, the 4th respondent - In-charge Chairman of PACS in terms of the directions of the 2nd respondent - Divisional Co-operative Officer -dated 6. 11. 2007 convened a meeting of the committee of PACS on 22. 12. 2007 with a special agenda for election to the post of President and one Director of the society.

(3.) AGGRIEVED by the same, W. P. No. 27414 of 2007 has been filed contending inter alia that the proceedings of the 2nd respondent dated 6. 11. 2007 as well as consequential notice issued by the 4th respondent dated 6. 12. 2007 convening a meeting on 22. 12. 2007 for the purpose of filling-up the vacancy of the Member and conducting election to the post of the President simultaneously is arbitrary and illegal. It is contended by the petitioner that the 5th respondent who was elected to mptc on 28. 6. 2006 ceased to be a Member of the Committee of PACS 15 days after his election to the MPTC, under Section 21-A (1b) of the Act much prior to the resignation of the President on 2. 5. 2007. Therefore, according to the petitioner, the 2nd respondent ought to have taken steps for filling-up the vacancy of the Member in the place of the 5th respondent in the first instance and thereafter a separate meeting has to be convened for the purpose of election to the post of the President.