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2013 Supreme(AP) 994

A.RAMALINGESWARA RAO
Aviligonda Tirupalu – Appellant
Versus
Assistant Director of Fisheries, Fisheries Department – Respondent


Advocates appeared:
For the Petitioners:L.J. Veera Reddy, Advocate.
For the Respondents: R1, Government Pleader for Co-operation, R2, D.V. Chalapathi Rao, Caveator.

JUDGMENT

1. This writ petition was filed by 19 writ petitioners, challenging their removal from the membership of the second respondent – The Fishermen Co-operative Society as contrary to the provisions of A.P. Co-operative Societies Act, 1964 (for short ‘the Act’), and particularly, Sections 21(1)(g) and 21(c) of the Act read with Rule 20 of the Rules made under the Act.

2. It is the case of the petitioners that the second respondent-Society removed all the petitioners from the primary membership of the Society by passing a resolution in the general body meeting held on 10.10.2007. Subsequently, in the month of November, 2007, the Society through its President communicated the said decision to the petitioners individually and also to the first respondent-The Assistant Director of Fisheries, Fisheries Department, Anantapur, by a letter dated 12.12.2007, informing him that the share capital sent through the money order was refused by the petitioners and the same was credited to the Society account. It is their further case that in the communication sent to the first respondent, it was stated by the Society that since the petitioners did not question their removal even after lapse of




































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