The amendment allowing nomination of women to co-operative committees is constitutional, reinforcing women's participation while affirming that election is not the exclusive method for committee formation.

1. As all the writ petitions are interconnected, they are disposed of by this common judgment.

2. By these writ petitions the constitutionality of the Andhra Pradesh Co - operative Societies (Amendment) Act 10 of 1971 and R.22(C) issued in G. O. Ms. No. 220, Food and Agriculture, dated 20th March, 1991 and R.22(A)(3)(a) issued in G. O. Ms. No. 224, Food and Agriculture, dated 20th March, 1991, are challenged.

3. In the year 1987 elections were held to the Managing Committees of the Co - operative Societies in the State. The term of office of the managing time was five years. By an Ordinance issued on 30th June, 1990, the term of the managing committees was reduced to three years, as a consequence of which, almost all the managing committees ceased to exist. In order to fill the void, the Government issued various orders appointing Officers as persons - in - charge. Challenging the same, a batch of writ petitions, W.Ps. Nos. 8783 of 1990 and batch, was filed in this Court. By the judgment dated 18th September, 1990, a Division Bench of this Court upheld the Ordinance, but quashed the various G. Os. by which Officers were appointed as persons - in - charge. Act 13 of 1990 was passed by the Legislature of Andhra Pradesh replacing the Ordinance. Challenging the Act 13 of 1990 on the ground that it had effect of overruling the aforesaid Division Bench judgment, Writ Petition No. 1076 of 1990 was filed in the Hon'ble Supreme Court and the same was disposed of with a direction to the Government to hold elections before December, 1990; the State Government also represented before the Hon'ble Supreme Court that they would hold elections to the managing committees of all co - operative societies. Questioning the Act 13 of 1990, Writ Petitions Nos. 17035 of 1990 and 28 of 1991 were filed in this Court and the same are now pending.

4. Chapter - IV of the Andhra Pradesh Co - operative Societies Act, 1964 comprising S.30, S.60, S.54 before the heading "Management of Societies". S. 31 deals with Constitution of Committees. By the impugned Act 10 of 1991, a third proviso was added to S. 31(1)(a) which reads :
"5 In S. 31 of the Principal Act.......
(i) in sub-section (1), in Cl. (a), after the second proviso, the following proviso shall be added, namely : -
"provided also that two women members shall be nominated by the Registrar to the Committee of such class of societies and in such manner as may be prescribed from among the women members of the general body of such societies, such nominated women members shall, notwithstanding anything contained in this Act, have the right to vote and otherwise to take part in the proceedings of the meetings of the Committee.
(ii) Sub-section (5) shall be omitted."
By Cl. (ii) of the Amendment Act, sub-sec. (5) of S. 31(1)(a) was omitted. Originally, this provision was introduced by Ordinance 5 of 1991 dated 5th March, 1991 and the same was replaced by Act 10 of 1991. As a consequence of insertion of the third proviso to subset. (1)(a) of S. 31, R.22 - C was made by the State Government in G. O. Ms. No. 220, Food and Agriculture, dated 20th March, 1991 in exercise of their powers conferred by sub-sec. (1) of S. 130 of the Andhra Pradesh Co - operative Societies Act, 1964, which reads :
"22 - C (1) Two women members shall be nominated by the Registrar to the following classes of societies, namely :--
a) Primary Agricultural Co - operative Societies (including large size Co - operative Societies and Rural Banks);
b) weavers Co - operative Societies;
c) Milk Co - operative Societies.
(2) No woman shall be nominated as a member of the Society unless she.....
a) is the member of the society;
b) is qualified in accordance with the provisions of the Act to be a member of the Committee;
c) holds land in the area of operation of the society, in case of nomination to Primary Agricultural Co - operative Societies, Large Size Co - operative Societies and Rural Banks.
(3) In addition to the qualifications specified in Cls. (a) and (b)