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R. RAGHUNANDAN RAO
Veesam Rama Krishna, S/o. Nageshwara Rao – Appellant
Versus
State of Andhra Pradesh, Agriculture & Cooperation Department, Amaravathi, Rep. by its Principal Secretary – Respondent
ORDER :
As all these cases raise the same issues, they are being disposed of by way of this common order.
2. The provisions of A.P. Cooperative Societies Act, 1964 (for short ‘the Act’) require management of every cooperative society to be vested with the managing committee, which is an elected body. These elections are to be held periodically. However, on some occasions, when elections could not be held for any reason and the term of the previously elected body expires, Section 32 (7)(1) of the Act empowers the State Government to appoint a person in-charge or a committee of persons in-charge to manage the affairs of the society, till an election for constituting the next managing committee can be held. The provisions of Section 32(7)(a) is as follows :
The Office Memorandum dated 03.10.2020 does not apply to in-charge appointments of Managing Directors under the Manipur Co-operative Societies Act, as such appointments are deemed deputations.
The main legal point established in the judgment is the validity of the appointment of a Board of Administrators for a Co-operative Society under the West Bengal Co-operative Societies Act, 2006.
The court affirmed that the Registrar must prioritize internal management over external control in co-operative societies, using outside appointments only as a last resort.
The State Government may recommend the appointment of any officer as Administrator of a co-operative society, including senior officers, to facilitate effective elections, provided they have jurisdic....
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