Judgment

JUDGMENT - The Andhra Pradesh Co-operative Societies Act, 1964 was amended in the year 1991 and a proviso was added to Section 31(1 )(a) of the said Act. The proviso is as under:-

"Provided also that two women members shall be nominated by the Registrar to the Committee of such class of societies and in such manner as may be prescribed from among the women members of the general body of such societies. Such nominated women members shall, notwithstanding any thing contained in this Act, have the right to vote and otherwise to take part in the proceedings of the meetings of the committee."

The above quoted proviso was challenged by the appellant-petitioners before the Andhra Pradesh High Court on the ground that it was arbitrary and as such violative of Article 14 of the Constitution of India. Rules 22(c) and 22-A(3)(a) which were added by the notification dated March 20, 1991 were also challenged on similar grounds. It was also contended before the High Court that by nominating two women members to the Committee of societies under the newly added proviso, the total reservation would go beyond 50% which is not permitted in view of the law laid down by this Court in M. R. Balaji