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1981 Supreme(AP) 261

Andhra Pradesh High Court
Judges : K.JAYACHANDRA REDDY
CHADALADA PRIMARY AGRICULTURAL CO-OPERATIVE SOCIETY LIMITED, CHADALADA, PEDDAPURM TALNK, EAST GODAVARI, RE PRESENTED BY PRESIDENT - Appellant
Versus
DIVISIONAL CO-OPERATIVE OFFICER, PEDDAPURAM - Respondent
Decided On : 10-22-81

The Extension Officer (Co-operation) is empowered to act as Registrar for the purpose of section 19 (2-A) of the Andhra Pradesh Co-operative Societies Act, 1964, and any person qualified under the Act, Rules or Bye-laws, intending to become a member of the Society has to necessarily file application in Form-J to the Extension Officer who acts as Registrar.

Headnote:

CO-OPERATIVE SOCIETIES - ADMISSION OF MEMBERS - JURISDICTION OF TALUK CO-OPERATIVE OFFICER - SECTION 19 (2-A) OF THE ANDHRA PRADESH CO-OPERATIVE SOCIETIES ACT, 1964 - G. O. MS. NO. 667, FOOD AND AGRICULTURAL DEPARTMENT, DATED 29-6-1976 - EXTENSION OFFICER (CO-OPERATION) EMPOWERED TO ACT AS REGISTRAR - TALUK CO-OPERATIVE OFFICER HAS NO JURISDICTION TO RECEIVE APPLICATIONS UNDER SECTION 19-2A AND SCRUTINISE THE SAME.

Fact of the Case:

The Taluk Co-operative Officer, Peddapuram, by his order dated 20-7-1978, purporting to be exercising his powers under section 19 (2-A) of the Andhra Pradesh Co-operative Societies Act, 1964, directed the petitioner Society to admit 78 persons as members of the Society.

Finding of the Court:

The Taluk Co-operative Officer has no jurisdiction to issue such a direction as by virtue of G. O. Ms. No. 667, Food and Agricultural Department, dated 29-6-1976, he has been divested of these powers and those powers have been vested with the Extension Officer (Co-operation) from that date onwards.

Issues: Whether the Taluk Co-operative Officer has jurisdiction to receive applications under Section 19-2a and scrutinise the same.

Ratio Decidendi: From 29-7-1976 onwards it is the Extension Officer (Co-operation) alone that can exercise the powers under section 19 (2a). The Taluk Co-operative Officer is not competent to exercise any of the powers under Section 19 (2-A).

Final Decision: The impugned order is liable to be quashed.

K. JAYACHANDRA REDDY, J.

( 1 ) CHADALADA Primary Agricultural Cooperative Society Ltd. , chadalada of Peddapuram Taluk in East Godavari District, represented by its President, has filed this writ petition seeking a writ of certiorari to call for the records relating to the proceedings in R. C. No. 178/78 date 20-7-1978 from the 2nd respondent, viz. , the Taluk Co-operative officer, Peddapuram, and quash the same.

( 2 ) THE necessary facts are as follows:chadalada Primary Agricultural co-operative Society Ltd. , (hereinafter referred to as "the Society") was established in the year 1918. The present strength of the members is 275. The elections are to be held this year for the Society. While so, the Taluk Co-operative Officer, Peddapuram by his order dated 20-7-1978 purporting to be exercising his powers under section 19 (2-A) directed the petitioner Society to admit 78 persons, i. e. , respondents 3 to 80 herein, as members of the Society. It is this order that is challenged in this writ petition.

( 3 ) THE contention of the learned counsel for the petitioner is that the Taluk Co-perative Officer has no jurisdiction to issue such a direction as by virtue of G. O. Ms. No. 667, Food and Agricultural Department, dated 29-6-1976 he has been divested of these powers and those powers have been vested with the Extension Officer (Co-operation) from that date onwards. Therefore, according to the learned counsel, the order passed by the Taluk Co-operative Officer is wholly without jurisdiction and illegal and is liable to be quashed. At the outset it may be mentioned that this is the only point that is urged in this writ petition.

( 4 ) THE learned counsel for the respondents on the other hand submits that the respondents Nos. 3 to 80 in fact obtained J-form applications from the Taluk-Co-operative Officer and when the Taluk Co-operative officer has forwarded them to the Society it was the bounden duty of the society to admit them as members inasmuch as the Taluk Co-operative officer also is an Officer of the department. To appreciate these rival contentions it becomes necessary to refer to certain rules and the provisions. Section 19 (2-A) of the A. P. Co-operative Societies Act, 1964, (hereinafter referred to as "the Act") is in the following terms:"19 (2-A):-Any person duly qualified for admission as a member under the provisions of this Act, the rules and the bye- laws may apply through the Registrar for membership of such society and in such form as may be prescribed and such person shall be deemed to have been admitted as a member of the society from the date of receipt of tha application in the Office of the Society". This section was introduced in the year 1976. The object of this section appears to be to prevent the existing managing committees from blocking others from becoming members of the society. Under this section any person duly qualified for admission as member under the provisions of the Act, Rules and the bye-laws may apply through the Registrar for membership of such society and in such form as may be prescribed and such person shall be deemed to have been admitted as a member of the society from the date of receipt of the application in the office of the society. In this case what we have to see is whether respondents 3 to 80 applied in the prescribed form through the Registrar. registrar" is defined in Section 2 (n ). and it reads thus:. . . . . . . . . . . . . . "registrar" means the Registrar of Co-operative Societies appointed under section 3 (1) and includes any other person on whom all or any of the powers of the Registrar under this Act are conferred. "section 3 (1) reads thus; 3 (1) There shall be appointed a Registrar of Co-operative societies for the State and as many other persons as the government think fit for the purposes of this Act. " now it has to be seen as to who is the person that has been empowered to act as Registrar for the purpose of Section 19 (2-A), Rule 12-A reads thus:"12-A. Societies f





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