( 1 ) HAVING heard Sri M. P. Chandramouli, learned counsel for the petitioner, learned Government Pleader for Prohibition and Excise and Sri R. Subhash Reddy, learned counsel for caveator-respondents 2 to 6, the writ petition is taken up for hearing and disposed of at the stage of admission.

( 2 ) BY the proceedings dt. 22-4-2000 (impugned herein) the 1st respondent in purported exercise of the powers u/sec. 32 (7) (a) of the A. P. Co-operative Societies Act, 1964 (for short, "the Act ) appointed respondents 2 to 6 as person Committee to the Toddy Tappers Co-operative Society Ltd. , Gadwal, for a period of six months or till the elections are held, whichever is earlier.

( 3 ) UNDER the aegis of the petitioner as the Chief Promoter the Toddy Tappers Co-operative Society Gadwal was accorded provisional registration under the provisions of the Act on 19-2-99. The petitioner was appointed as the Chief Promoter and was the President of the committee appointed to conduct the affairs of the society in terms of the first proviso of Sec. 31 (1) (a) of the Act. The tenure of such committee is for a period of one year, which expired by 18. 2. 2000, no extension having been accorded to the committee by the competent authority in terms of the first proviso to Sec. 31 (1) (a) of the Act. The petitioner contends that the 1st respondent has accorded 8 licenses for the establishment of 8 toddy shops in Gadwal in the name of the petitioner as the Chief Promoter which are valid up to 30. 9. 2003 and that a Depot licence was also issued on 24-3-2000. The petitioner alleges that pursuant to the malicious influence of the local M. L. A. , the 1st respondent has issued the impugned proceedings appointing five members of the society who are followers of the M. L. A. , as persons committee under Sec. 32 (7) (a) of the Act.

( 4 ) CHALLENGE to the impugned proceedings is asserted principally on two grounds : (1) That in respect of the committee constituted under the first proviso to Sec. 31 (1) (a) of the Act no persons committee could be appointed under the provisions of Sec. 32 (7) (a) of the Act. It is contended that the second proviso to Sec. 31 (1) (a) obligates the Registrar to nominate exclusively all or any of the members of the committee constituted under the first proviso, for such period as may be specified and that this express provision excludes the exercise of the powers available u/sec. 32 (7) (a); (2) Alternatively, that there being no allegations against the committee whose term has come to an end by 18-2-2000, of which the petitioner is a member and Chief Promoter, even assuming a persons committee could be nominated u/sec. 32 (7) (a), the pre-existing committee ought to have been nominated as the persons-in-charge committee and the 1st respondent erred in superseding the claims of such committee and nominating respondents 2 to 6.

( 5 ) THE first proviso to Sec. 31 (1) (a) of the Act specifies that in the case of a society registered after commencement of the Act, persons who have signed the application for registration of the society may appoint a committee to conduct the affairs of the society, for a period of one year from the date of provisional registration or for such further period ordinarily not exceeding six months, as the Registrar may consider necessary; but the committee appointed under this proviso shall cease to function as soon as a committee has been constituted in accordance with the bye-laws.

( 6 ) THE first committee of the society has been constituted on 19-2-99. Its term has not been extended further by the Registrar and the petitioner asserts no grievance on this aspect. The period of the committee has thus come to an end by 18-2-2000.

( 7 ) THE second proviso to Sec. 31 (1) (a) of the Act states that where the bye-laws so provide, Government or the Registrar may nominate all or any of the members of the Committee for such period as may be specified therein (emphasis supplied ). In terms these l