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1991 Supreme(Online)(AP) 1

ANDHRA PRADESH HIGH COURT
Unknown, J
Srinivasa Rao D. and Others v. Govt. of A. P. and Others
W.P. 18212/89 | W.P. 529/90



Advocates:
For the Appellants/Petitioners: Sri M. V. Ramana Reddy
For the Respondents: Unknown

The disqualification under Section 21-A of the A.P. Cooperative Societies Act does not affect the general body membership of the cooperatives, emphasizing distinct roles of committees and general body in cooperative governance.

Headnote:(A) Andhra Pradesh Cooperative Societies Act, 1964 - Section 21-A - The petitioners, Presidents of District Cooperative Banks, challenged the applicability of Section 21-A, asserting it does not apply to the A.P. State Cooperative Bank, alleging arbitrariness and inconsistency with the Formation Act of 1963. Court examines disqualification provisions: the committee and general body memberships are distinct; disqualification under Section 21-A does not affect general body membership. The legislative intent and structure of amendments were explored to determine the framework governing cooperatives. (Paras 1-24)

(B) Legislative Power - Delegated authority and rule-making; the Court held R. 24(1)(b), as framed, was ultra vires, lacking alignment with statutory amendments introduced in S. 21-A, which is intended to address committee membership disqualifications. (Paras 16-20)

Findings of Court:
The Court ruled the 1964 Act fully governs District Cooperative Banks, affirming the validity of S. 21-A while striking down R. 24(1)(b) for being beyond legislative authority.

Result: W.P. No. 18212 of 1989 allowed in part; W.P. No. 529 of 1990 dismissed.

Table of Content
1. pleadings for amendments to writ petitions. (Para 1 , 2 , 3)
2. overview of the affidavit's contents. (Para 4 , 5 , 6)
3. issues arising from disqualification provisions. (Para 7 , 8 , 9 , 10 , 11)
4. allowing amendments related to writ petitions. (Para 12 , 13)
5. disqualification under prime legislation and its implications. (Para 14 , 15)
6. arguments against s. 21-a's constitutionality. (Para 16 , 17)
7. legislative powers regarding rule-making authority. (Para 18 , 19)
8. final ruling on r. 24(1)(b) and its validity. (Para 20 , 21)
9. final judgment on writ petitions. (Para 22 , 23 , 24)

1. The petitioners in these writ petitions are the Presidents of the various District Co - operative Central Banks. They all pray for issue of a writ of mandamus declaring that S. 21 - A of the Andhra Pradesh Cooperative Societies Act , 1964, in so far as it seeks to impose disqualification upon the delegates does not apply to all levels of the Co - operative Credit Societies, including the Co - operative Central Banks at District and State level.

2. The above is the original prayer in W.P. 18212 / 89, which is sought to be amended by W. P. M. P. No. 987/90, filed on 24-1-1990, to the following effect: -
"And also to declare S. 21 - A of the A.P. Co - operative Societies Act, 1964, as amended, and R.24(1)(b) as ultra vires."

3. Not content with the first amendment petition, the petitioners have filed another petition, W. P. M. P. No. 5804 / 89 on 31-3-1990 seeking a further amendment to the prayer in the writ petition, which is to the following effect: -
"To issue a writ or order or direction declaring that the A.P. State Co - operative Bank (Formation) Act, 1963, the scheme framed under the said Act and Bye - laws registered under the said Act are applicable to the A. P. State Co - operative Bank or alternatively to declare S. 21 - A of the A.P. Cooperative Societies Act, 1964 and R. 24 of the A.P. Co - operative Societies R.1964 as unconstitutional and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. It is thus evident that the petitioners seek far - reaching amendments to the prayer in the writ petition which are not in consonance with each other. In fact, we are constrained to observe that in the light of the amendment petitions filed the main object of the writ petition has been rendered vague and nebulous thereby making it difficult to understand that actual purpose which the petitioners seek to achieve in these writ petitions. However, taking into consideration the running theme of the main case of the petitioners, we propose to deal with the contentions as raised by the learned counsel for the petitioners in the light of the actual provisions of the A. P. Co - operative Societies Act, 1964 and the Rules framed thereunder.

5. In a matter of this nature it would be appropriate to narrate the details given in the affidavit filed in support of the writ petitions to indicate the ultimate controversy arising in the matter.

6. The petitioners are the elected Presidents of Primary Agricultural Co - operative Societies and delegates to the District Cooperative Central Banks. In their elected capacity as Presidents of District Co - operative Banks they become members of the General Body of the Andhra Pradesh State Co - operative Bank, Hyderabad and the Committee of the same Bank. It is alleged that with the introduction of the single Window system of providing credit through co - operatives and due to several inconsistent and contradictory statements in the Act, grave and unavoidable hardships have crept into the structure and organisation of the Bank and its affiliation. S. 21 - A of the A.P. Cooperative Societies Act, 1964, as introduced by A.P. Act 14 of 1966, which deals with disqualification of the members of the executive and degates to a federal co - operative society, cannot be applied to the State Cooperative bank since it was constituted by a separate Act















































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