Judgement Key Points

SARDAR ALI KHAN, J.

( 1 ) THIS batch of Writ Petitions concerns the appointment of a person or persons-in- charge till the elections are conducted to the various Co-operative Societies with consequential suitable directions to the respondents to refrain from appointing such person or persons replacing the Managing Committees till the elections are conducted.

( 2 ) WITH the exception of a few writ petitions, field before the passing of Ordinance no. 5 of 1990, dated June 30,1990, all the other writ petitions challenge the provisions of the said Ordinance No. 5 of 1990, dated June 30,1990 as being totally unconstitutional and void and fit to be struck down as such. The common prayer in all the writ petitions is to allow the elected Managing Committees of the petitioner Societies to continue till properly elected bodies take over the Management.

( 3 ) IN view of the common questions of fact and law, involved in the matter, we have heard the batch of writ petitions together and are of the opinion that the said batch of cases is liable to be disposed of by a common judgment. Of course, if there are any distinguishing features of the cases, which call for special consideration in the judgment, the same will be done, with a brief narration of the facts of the particular case to the extent it is necessary to do so in this common judgment. However, the main conclusions reached in this judgment will be applicable to all cases because the relief claimed in all these cases runs on parallel lines and can be a subject-matter of a judgment which is common to all.

( 4 ) IT is proposed to first give a back ground of the ensuing litigation to appreciate the main points of controversy involved in the matter. Moreover, since the matter has been argued at length, it is deemed fit and proper to delve upon the common facts of the matter in the light of the general back ground given in this judgment.

( 5 ) EVEN though W. P. No. 8783 of 1990 is one which has been filed before the passing of Ordinance No. 5 of 1990, it may be treated as a basic case so far as the narration of facts is concerned for the reason that the detailed facts narrated in this writ petition will have a common bearing on all the other cases.

( 6 ) IN W. P. NO. 8783 of 1990 the Managing Committee of the Poduru Muleswara weavers Co-operative Production and Sales Limited, W. G. No. 343, Poduru, represented by its President-Base Kotamallaiah, is the petitioner. The facts emerging from a close reading of the affidavit filed in support of the writ petition are as follows:

( 7 ) ELECTIONS for the petitioner-society were held in the year 1987 and the term of office of the Managing Committee was to end by 30th of June, 1990. But, by virtue of an Amendment Act No. 16 of 1989 the term of the Office of the elected Committees were extended upto five years. In view of the said extension, the Committee became entitled tor continuance in office for a period of five years from the date of election, which goes upto 30th of June, 1992. The Managing Committee convened a General Body Meeting of the Society in which it was unanimously resolved to amend its bye-laws dealing with the term of office of the Managing Committee. The earlier period of three years for the life of the Managing Committee as it existed from 1985 was extended upto five years. The bye-laws were directed to be amended by the 2nd respondent and in pursuance of the amended provisions of the Act, each of the societies coming within the purview of act No. 16 of 1989 is to amend the bye-laws as suggested by the 1st respondent

( 8 ) THE case of the petitioner-Society is that even if the term of the Managing committee is deemed to have come to an end by June, 1990 on expire of three years, ignoring the provisions contained in Act No. 16 of 1989, it is obligatory on the part of the respondents to take steps to conduct elections to the Society before the expire of such period, i. e. , 30th June, 1990, However, the respondents have failed to ta

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