WP/33776/2010 of Sri Sangani Srinivasa Rao Vs Government of AP. on 31 December 2010

ORDER:

This writ petition is filed for a mandamus to declare the action ofthe respondents in incorporating Sri Parvathi Parameshwara FishermenCooperative Society with non-residents of Lolla Village as illegal andarbitrary.

After hearing Sri K.S.Murthy, learned counsel for the petitioners,and perusing the record, I am of the opinion that the issues raised by thepetitioners in this writ petition require to be decided by respondent No.3under Section 61 of the A.P.Cooperative Societies Act, 1964 (for short‘the Act’).

The said provision envisages that notwithstanding anything in anylaw for the time being in force, if any dispute touching the constitution, management or the business of a society, other than a dispute regardingdisciplinary action taken by the society or its committee against a paidemployee of the society, arises, the same shall be referred to theRegistrar for adjudication. Understanding this provision it its true spirit,the Deputy Director of Fisheries issued memo No.556/A-1/2010, dated13.04.2010, whereby he has directed respondent No.3 to initiateproceedings under Section 61 of the Act and decide the disputes. However, respondent No.3, who evidently did not comprehend the truescope of this provision, issued proceedings in R.C.No.202/A4-06, dated26.06.2010, wherein while declaring that he has no power to take adecision on the membership of the members of the society, called uponthe society members to decide the dispute among themselves in theGeneral Body Meeting.

As noted above, the disputes which can be decided under Section61 of the Act include the disputes touching the constitution of the society. The very plea of the petitioner is that the society in question wasconstituted with at least 40 persons who are not eligible to become themembers. Therefore, in my opinion, provisions of Section 61 of the Actare available for adjudication of these disputes.

Accordingly, respondent No.3 is directed to initiate proceedingsunder Section 61 of the Act and decide the disputes, after notice andopportunity to both the parties, within a period of two months from thedate of receipt of a copy of this order.

Subject to the above direction, the writ petition is disposed of.

As a sequel to disposal of the writ petition, W.P.M.P.No.42788 of2010 filed by the petitioners for interim relief is disposed of as infructuous.(C.V.NAGARJUNA REDDY, J)

Date:31.12.2010Note: Issue CC in one week. (b/o)VGBNote: Issue CC in one week. (b/o)VGB