P PRAKASH ARCHBALD Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner, a member of Rampa Yerrampalem Primary Agricultural Co-operative Society, Gokavaram Mandal, East Godavari District, (for short 'the Society') assails the proceedings of the Deputy Registrar, Co-operative Societies (Respondent No.l) dated 9-11-1999.

(2.) Respondent No.2 by proceedings dated 5-11-1999 in purported exercise of power under Section 34(1) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act') superseded the Management of the Society and appointed a Special Officer to the Society for a period of six months from the date of assumption of charge of the Special Officer. The President and Members of the Managing Committee represented to the respondent No.2 on 8-11-1999 against the orders dated 5-11-1999. As is facially apparent from the order impugned, on a consideration of the said representation, the 2nd respondent passed the orders impugned keeping the orders of supercession dated 5-11-1999 in abeyance "for the time being". The reasons recorded for the said order are that in order to take fresh stock of the situation an opportunity is being provided to the Managing Committee and thus the order is kept in abeyance. These proceedings are assailed by the writ petitioner on the ground that power available under Section 34 of the Act being a quasi-judicial power and in the context of the fact that the statutory provision does not grant any power of revision of the orders passed in exercise thereof, the impugned are dated 9-11-1999 is inherently and patently ultra vires Section 34 of the Act, without jurisdiction and non est.

(3.) This Court by order dated 18-11 -1999 in WPMP No.30098 of 1999 suspended the impugned order dated 9-11-1999. The Managing Committee of the Society by an application WVMP No.3269 of 1999 sought vacation of the interim order of this Court.