COMMON ORDER:

The issue involved in both these Writ Petitions is one and the same, hence both the Writ Petitions are disposed of by this common order.

W.P.No.21400 of 2021:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in concluding the enquiry under Section 51 of the Andhra Pradesh Cooperative Societies Act, 1964 without giving proper opportunity or by giving the statement of charges levelled and further action of the respondent No.3 in directly issuing Rc.No.901/2019-D(1) dated 09.08.2021 contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 particularly to Section 51, without following the directions of the 2nd respondent vide Rc.No.3011/2019-A, dated 25.6.2021, as illegal, arbitrary and contrary to the bye-laws of the 5th respondent, contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Article 14 of the Constitution of India and contrary to the provisions and procedure contemplated under the Andhra Pradesh Cooperative Societies Act, 1964 and Rules made therein.....”

W.P.No.31320 of 2022:

The writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings issued by the 2nd respondent in Rc.No.386/2022 C (Coop), dated 18.8.2022 thereby according sanction of prosecution to initiate Criminal Action against the petitioners without concluding the Section 60(1) proceedings of A.P. Cooperative Societies Act, 1964 (herein after referred as the Act) without considering the stay order dated 29.9.2021 in I.A.No.1 of 2021 in W.P.No.21400 of 2021 of this Hon’ble Court, as illegal, arbitrary and without any authority of law, contrary to the procedure contemplated under the Act, contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Article 14 of the Constitution of India and contrary to provisions and procedure contemplated under the A.P. Cooperative Societies Act, 1964 and Rules made therein and consequently to set aside the same as arbitrary, null and void...”

2. Brief facts of the cases are that the Molleru Primary Agricultural Cooperative Society, Molleru Village, Gangavaram Mandal, Alluri Sitharama Raju District was formed in the year 1964 with registration No.C-400/1964. The Society periodically conducts election as per the Rules in force. Presently the Society is grossing with a turnover of Rs.15 crores. Though the Society was in profits, due to the merger of other society namely M/s.Vellipudi PACS in the year 2005, the society is presently running under losses. Though the 1st respondent announced rehabilitation packages for the losses, while merging loss making society, till date no proper relief is given to the society. The society is surviving by investing its funds in various schemes and benefits received like under Debt Waiver Scheme given by the Central Government and State Government. The society operation area is in Agency area, which is a remote area surrounded by Hills and forest, as such the income level of the members/farmers is also very less. As the elections to society were not conducted and the last extension so granted through G.O.Ms.No.10 dated 30.01.2019 is to expire by 28.07.2019 and thereafter the Three (3) Men-Non-Official person-in-charge Committee (PIC) under Chairperson of Sri Talari Tirupathi Rao was ordered and charge was taken from

31.07.2019.

3. Upon complaints of the rival groups and politically motivated complaints, the authorities initiated Inquiry under Section 51 of the A.P. Cooperative Societies Act, 1964 vide R.C.No.3011/2019-A, dated 22.10.2019. Thereupon the inquiry under Section 51 of the Act was commenced by the Inqui