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1977 Supreme(AP) 384

Andhra Pradesh High Court
Judges : K.RAMACHANDRA RAO, S.OBUL REDDY
Deputy Registrar, Co-op Societies, Bhongir - Appellant
Versus
K.Gandaiah - Respondent
W.A. 567/77 etc.
Decided On : 12-23-77
Advocates Appeared :
.

Headnote:Andhra Pradesh Co-operative Societies Act, Section 32 (7) (a) -Registrar has power to change the person-in-charge appointed to manage the affairs of a Society

       Held: The Registrar has power to appoint different persons to manage the affairs of the Society while extending the term in exercise of the power under Section 37(a) of the Act, Clause (a) of Section 37 does not impose any condition or restriction that the period of extension should be of the person or persons previously appointed to manage the affairs of the Society If the legislature intended that the extension of the period should be with reference to the period of the previously appointed persons or persons-in-charge nothing could have been easier than to have provided in clause (9) that the Registrar may extend such period of such person or persons

       W A allowed

RAMACHANDRA RAO, J.

( 1 ) AS a common question of law arises in the Writ Appeal and the Writ Petition, they are disposed of by a common Judgment.

( 2 ) THE Writ appeal is preferred against the judgment of our learned brother Chinnappa Reddy, J. in W. P. No. 1955/1977. In that writ petition the term of the elected members of the Managing Committee of the Large Scale Co-operative Society, Bhongir, expired in 1972 and thereafter the petitioners therein were appointed as persons in-charge to manage the affairs of the Society under the provisions of Section 32 (7) (a) of the Andhra Pradesh Co-operative Societies act (hereinafter called the Act), initially for a period of six months, and subsequently their term of office was extended from time to time; the last of the extension was made on 31-12-1976, and the term expired by 30-6-1977. When the term was about to expire, the deputy Registrar of Co-operative Societies, Bhongir, purporting to act under Section 32 (7) (a) of the Act, appointed the Taluk Cooperative officer, Bhongir to be the sole person to manage the affiairs of the society from 1-7-1977 to 31-8-1977. That order was challenged in the writ petition on the ground that under Section 32 (7) (a) of the Act the Deputy Registrar could only extend the term of the office of the persons appointed to manage the affairs of the - Society but the said section did not contemplate a change of persons appointed to manage the affairs of the society. That contention was accepted by the learned Judge and the writ petition was allowed. Hence the writ appeal.

( 3 ) IN W. P. No. 1953/1977, a Committee of persons in-charge was appointed to manage the affairs of the Primary Agricultural Development bank, Vikarabad, as the term of the previous elected Committee had expired. The Committee of persons in-charge was working from 27-8-1976. In G. O. Rt. No. 1202 Food and Agriculture dated 27-6-1977, the Government decided that as the term of office of the persons in-charge expired on 30-7-1977, it should be extended from 1-7 1977 till 31-12-1977 or till elections were held whichever was earlier. Pursuant to the said Government Order, the Registrar issued proceedings dated 28-6-1977 extending the terms of several person or persons in-charge of the Societies or Banks mentioned in the an- nexure to the G. O. but the Primary Agricultural Development Bank, the petitioner herein was not mentioned in the said annexure. The Registrar on the other hand appointed a person in-charge to manage the affairs of the said Bank. Hence the petitioners herein filed the writ petition for the issue of a writ of mandamus directing the respondents to declare the action of the Registrar as arbitrary and iltegal and for a consequential direction to extend the term of the persons in-charge as contemplated by G. O. Rt. No. 1202 Food and agriculture dated 27-6-1977.

( 4 ) IN support of this contention the petitioners relied upon the decision of Chinnappa Reddy, J. ,in W. P. 1955/1977. It was contended before the learned Judge (Gangadhara Rao, J.) that the decision of chinnappa Reddy J. , required reconsideration and hence the learned judge referred the writ Petition to a Division Bench for decision.

( 5 ) W. P. No. 1936/1977 was filed by the erstwhile members of ths Managing Committee of the Co-operative Agricultural Development bank, Kareemnagar, whose term was extended upto 30-6-1977, and thereafter the Co-operative Sub-Registrar wau appointed as a person in-charge. The petitioners filed the writ petition for the issue of a writ of certiorari for quashing the order of the 1st respondent appointing a person in-charge and for a direction to continue the petitioners i. e. the Managing Committee till 31-12-1977 in pursuance of g. O. Rt. No. 1202 dated 27-6-1977. This writ petition has been referred to a Division Bench by our learned brother Jeevan Reddy J. as in his view, the Judgment of Chinnappa Reddy J. in W. P. No. 1955/1977 runs counter to the Full Bench decision in M. Gidda

























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