Andhra Pradesh High Court
State Of A.P., REP.BY ITS SECRETARY, FOOD AND AGRICULTURE DEPARTMENT, HYDERABAD - Appellant
Versus
MULTICOOPS ASSOCIATION, HYDERABAD - Respondent
Decided On : 10-31-86
ANDHRA PRADESH COOPERATIVE SOCIETIES ACT, 1964 - SECTION 123 - EXEMPTION FROM PROVISIONS OF THE ACT - POWER OF THE GOVERNMENT - SCOPE AND PURPOSE - ELECTION TO MANAGING COMMITTEES OF COOPERATIVE SOCIETIES - POSTPONEMENT BY GOVERNMENT - VALIDITY - DIRECTION TO HOLD ELECTIONS - INTERPRETATION OF STATUTORY PROVISIONS.
Fact of the Case:
In Andhra Pradesh, elections to cooperative societies had not been held for a decade. The three-year term of the Managing Committees expired in September/October 1984, and no elections were held thereafter. The petitioner-association filed a writ petition seeking a direction to the respondents to hold elections forthwith. The learned single Judge allowed the writ petition and directed the respondents to hold elections within three months.
Finding of the Court:
The court held that the Government's order postponing the elections was invalid. The court found that the Government had no power to exempt the societies from the provisions of the Act indefinitely. The court also found that the Government's reasons for postponing the elections were not justified. The court directed the Government to hold elections to the Managing Committees of the societies concerned within a specified time.
Issues: 1. Whether the Government had the power to exempt the societies from the provisions of the Act indefinitely? 2. Whether the Government's reasons for postponing the elections were justified?
Ratio Decidendi: The court held that the Government's order postponing the elections was invalid. The court found that the Government had no power to exempt the societies from the provisions of the Act indefinitely. The court also found that the Government's reasons for postponing the elections were not justified. The court directed the Government to hold elections to the Managing Committees of the societies concerned within a specified time.
Final Decision: The court dismissed the writ appeals and directed the Government to hold elections to the Managing Committees of the societies concerned within a specified time.
( 2 ) FOR the sake of convenience, we would refer to the facts and material papers produced in W. P. No. 96 /85, out of which arises W A. 503/86, though by this common judgment, we would ba disposing of W. A. No. 504/86, arising out of W. P. No. 1168/86 also. On 3-3-1984, the writ petitioner, an association of primary agricultural comperatives (PACs) of Andhra Pradesh, submitted a memorandm to the Government with a request to initiate action for conducting elections to cooperatives before the expiry of the three-year term of elected committees in October, 1984. (Extracts from this memoran dum should be seen at p. 12-B of the material papers ). The Government by memorandum No. 41090/coop. IV/82-12 dated 4-8-1934 had called for a report from the Registrar of Cooperative Societies with respect to the conduct of elections to the cooperative societies. That memorandum begins as follows :"elections were held to a number of societies in September to December, 1981. The term of the societies would be expiring in the next few months. Government decide the Registrar of Co-operative societies should collect the following particulars from all the district Collectors before deciding the election schedule for all the societies to which elections have to be held in the next few months. . "
( 3 ) SOON thereafter, on 28-9-1984, the Registrar gave telegraphic orders to the Collectors and other subordinate officers to appoint person in charge in in place of Committees whose term of office was coming to an end. On Oct. 9, 1984, invoking Sec. 123 of the A. P. Cooperative Societies, Act 1964 (Act7 of 1964) (hereinafter referred to as the Act ), the Government passed orders post-poning elections to the Managing Committees of all the cooperatives by three months, and ordered the Registrar to replace the elected managements by official nominees. By the interim order dated 19-13-1984 in WPMP No. 18202 of 1984 in WP 13861/84 and the petitions in the batch of writ petitions, this Court suspended the operation of the order appointing special officers and also directed the respondents in the petitions to consider the feasibility of extending the term of the existing committees. In obedience to this order, the government passed orders in G. O. Rt. No. 1688 dated 25-10-1984 for extending the term of elected committees of the societies fo
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