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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
DHIRAJ SINGH THAKUR, CHALLA GUNARANJAN
Krishna District Milk Producers Mutually Aided Cooperative Union Ltd. – Appellant
Versus
State of Andhra Pradesh – Respondent
| Table of Content |
|---|
| 1. factual background on the election dispute. (Para 2) |
| 2. court's observations on applicable rules and procedures. (Para 3 , 7 , 8 , 9 , 10 , 12) |
| 3. arguments regarding the tribunal's procedural authority. (Para 4 , 5 , 6) |
| 4. analysis of procedural validity and potential reading down of the rules. (Para 17 , 18 , 19 , 20 , 21) |
| 5. modification of order to refer to third member; setting judicial procedure. (Para 22 , 23) |
| 6. conclusion and disposition of the writ petition and appeal. (Para 24) |
JUDGMENT :
Challa Gunaranjan, J.
Both writ petition and as well as writ appeal raise a common question with regard to the procedure to be adopted by the Andhra Pradesh Co-operative Tribunal (for short, ‘the Tribunal”) for the purpose of deciding the disputes enumerated under Section 37 of the Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995 (for short, “the 1995 Act”), more particularly, in case of difference of opinion expressed by the Tribunal consisting of two members, therefore, these matters are heard together and disposed of by this common judgment.
2. Facts in brief are as follows:
The petitioner initially was registered under the provisions of the Andhra Pradesh Coop
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