IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NOS.3004 AND 3395 OF 2001 W.P.No.3004 of 2001: Between: 1 S. Venkateswara Rao S/o Ramaiah R/o Morsumilli (V), Mylavaram (M), Krishna Dist. 2 K. Venkateswara Rao S/o PEntayya R/o Morsumilli (V), Mylavaram (M), Krishna Dist. 3 D. Rama Rao S/o Nagaiah R/o Morsumilli (V), Mylavaram (M), Krishna Dist. 4 D. Narasimha Rao S/o Koteswara Rao R/o Morsumilli (V), Mylavaram (M), Krishna Dist. 5 D. Swamy S/o Nagaiah R/o Morsumilli (V), Mylavaram (M), Krishna Dist. ..... PETITIONERS AND 1 The Commissioner of Fisheries A.P., Hyderabad 2 The Regional Dy. Director of Fisheries-cum-Ex-Officio Joint Registrar of Fishermen Co-operative Societies Kakinada, East Godavari Dist. 3 The Fisheries Co-operative Society Ltd., Rep. by Secretary Shaik Masthan Morsumilli, Mylavaram (M), Krishna Dist. 4 V. Suryanarayana S/o Nangayya R/o Morsumilli, Mylavaram (M),Krishna Dist. 5 G. Bala Raju S/o James R/o Morsumilli, Mylavaram (M), Krishna Dist. 6 S.K. Masthan Wali S/o Subhan Saheb R/o Morsumilli, Mylavaram (M), Krishna Dist. 7 M. Laxmaiah S/o M. Rattayya R/o Morsumilli, Mylavaram (M),Krishna Dist. 8 N. Srinivas Rao S/o Lingayya R/o Morsumilli, Mylavaram (M), Krishna Dist. 9 G. Nageswar Rao S/o Pitchayya R/o Morsumilli, Mylavaram (M), Krishna Dist. 10 Ch. Dharma Rao S/o Subba Rao R/o Morsumilli, Mylavaram (M), Krishna Dist. 11 V. Venkateshwar Rao S/o Eliya R/o Morsumilli, Mylavaram (M), Krishna Dist. 12 S. Venkatramaiah S/o Gopayya R/o Morsumilli, Mylavaram (M), Krishna Dist. 13 N. Venkat Rao S/o Bhadrayya R/o Morsumilli, Mylavaram (M), Krishna Dist. ...RESPONDENTS WRIT PETITION NO : 3395 of 2001 Between: 1 Kota Babu Rao, S/o. Ramaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 2 D.Thomas, S/o. Jamalaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 3 K.Venkateshwara Rao, S/o. Jalavaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 4 M.Swamy, S/o. Rattaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 5 B.Venkateshwara Rao, S/o. Adam. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 6 S.Ramulu, S/o. Adam. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 7 M.Chittaiah, S/o. Rattaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 8 Ch.Ysebu, S/o. Jamalaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 9 K.China Koteshwara Rao, S/o. Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 10 M.Mosha, S/o. Benjiman. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 11 M.Lakshminarayana, S/o. Benjiman. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 12 S.Swamy, S/o. Naidu. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 13 S.Venkateshwara Rao, S/o. Kotaiah R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 14 G.Pulla Rao, S/o. Karthikeyudu, R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 15 V.Pushpa Raju, S/o. Muttaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 16 S.Adam, S/o. Nagaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 17 T.Venkateshwara Rao, S/o. Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 18 D.Muttaiah, S/o. Mallaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 19 Shaik Mohd. Kasim, S/o. Meera Saheb. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 20 D.Jamalaiah, S/o. Nagaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 21 D.Babu, S/o. Ramulu. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 22 K.Pedda Koteshwara Rao, S/o. Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 23 M.Ramesh, S/o. Ramulu. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 24 D.Lakshminarayana, S/o. Pedda Guravaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 25 D.Venkateshwara Rao, S/o. Mukkanti. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 26 P.Venkateshwara Rao, S/o. Kotaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 27 M.Ejarao, S/o. Benjiman. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 28 S.Tirupathi Rao, S/o. China Kotaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 29 S.Srinu, S/o. Mallaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 30 S.Venkateshwara Rao, S/o. Veeraiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 31 S.Pulla Rao, S/o. Peda Kotaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 32 S.Adam, S/o. Peda Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 33 S.Peda Venkateshwara Rao, S/o. Adam. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 34 S.Nageshwara Rao, S/o. Sri Ramulu. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 35 S.Venkateshwara Rao, S/o. Nagaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 36 K.Babu, S/o. Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 37 M.Venkat Rao, S/o. Jamalaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 38 V.Venkateshwara Rao, S/o. Bikshalu. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 39 S.Koteshwara Rao, S/o. Venkateshwara Rao. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 40 G.Yesu Dasu, S/o. Venkateshwara Rao. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 41 S.Chinni, S/o. Jamalaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 42 S.Vasanth, S/o. Jamalaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 43 Chinna Sunna Rao, S/o. Peda Jamalaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 44 M.Raja, S/o. Basavaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 45 G.Nageshwara RAo, S/o. Venkateshwara Rao. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 46 M.Srinivasa Rao, S/o. Ramaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 47 K.Nageshwara Rao, S/o. Mallaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 48 L.Krishna, S/o. Chittaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 49 S.Bulli Babu, S/o. Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 50 S.Krishna, S/o. Peda Mallaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 51 S.Krishna, S/o. Veeraiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 52 S.Pitchaiah, S/o. Mallaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 53 Shaik Meera Sahib, S/o. Hussain Sahib. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 54 Shaik Kasim Sahib, S/o. Kamala Sahib. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 55 Shaik Bade Sahib, S/o. Hussain Sahib. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 56 M.Muttaiah, S/o. Roshaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 57 M.Venkateshwara Rao, S/o. Rosaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 58 A.Gopaiah, S/o. Thirupathaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 59 Pedda Subba Rao, S/o. Thirupathaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 60 A.Jamalaiah, S/o. Thirupathaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 61 S.Jamallaiah, S/o. Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 62 A.Venkateshwara Rao, S/o. Thirupathaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 63 K.China Veeraiah, S/o. Saiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 64 S.Babu, S/o. Pullaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 65 S.Raghavulu, S/o. Ramaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 66 S.Narsimha Rao, S/o. Kotaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 67 V.Pitchaiah, S/o. Bikshalu. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 68 D.Ananda Rao, S/o. Benjiman. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 69 J.Jakraiah, S/o. Veeraiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 70 Shaik Mogala Sahib, S/o. Sidda Sahib. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 71 Shaik Basha, S/o. Babu Sahib. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 72 G.Ramaiah, S/o. LAkshmaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 73 V.Jakraiah, S/o. Lakshmaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 74 S.Basha, S/o.Veeraiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 75 A.Kondaiah, S/o.Basavaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 76 S.Swamy, S/o. Ramaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 77 B.Satyam, S/o. Mallaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 78 B.Sri Ramulu, S/o. Krishnaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 79 S.Babu Rao, S/o. Kotaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 80 D.Geroge, S/o. Bhusanam. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 81 M.Swamy, S/o. Muttaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 82 B.Bala Swamy, S/o. Muttaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 83 K.Venkateshwara Rao, S/o. Krishnaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 84 K.Mosha, S/o. Ashir Vadam. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 85 K.Swamy, S/o. Venkateshu. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 86 N.Narasimha Rao, S/o. Adhaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 87 K.Chakraiah, S/o. Moggaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 88 N.Pulla Rao, S/o. Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 89 N.Nageshwara Rao, S/o. Adhaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 90 G.Srinivasa Rao, S/o. Ramaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 91 N.Nageshwara Rao, S/o. Pullaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 92 B.Venkateshwara Rao, S/o. Ramaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 93 A.Krishna, S/o. Venkateshwam. R/o. Morsumilli Village, Mylavaram Mandal, Krishna. 94 K.Krishnaiah, S/o. Ammaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 95 K.Narasimha Rao, S/o. Nagaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 96 K.Seshagiri Rao, S/o. Venkaiah. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. 97 S.Pullaiah, S/o. Ramulu. R/o. Morsumilli Village, Mylavaram Mandal, Krishna District. ..... PETITIONERS AND 1 The Commissioner of Fisheries, A.P., Hyderabad. 2 The Regional Deputy Director of Fisheries-cum Officio Joint Registrar of Fisherman Coop., Societies, Kakinada, East Godavari District. 3 The Fishermen Coop. Society Ltd., Rep. by its Secretary- Shaik Masthan. Morsumilli, Mylavaram Mandal, Krishna District. 4 V.Suryanarayana, S/o. Mangayya. Morusumilli, Mylavaram Mandal, Krishna District. R4 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 5 G.Bala Raju, S/o. James. Morusumilli, Mylavaram Mandal, Krishna District. R5 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 6 S.K.Mastan Wali, S/o. Subhan Saheb. Morusumilli, Mylavaram Mandal, Krishna District. R6 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 7 N.Srinivasa Rao, S/o. Lingayya. Morusumilli, Mylavaram Mandal, Krishna District. R7 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 8 M.Laxmaiah, S/o. Rattayya. Morusumilli, Mylavaram Mandal, Krishna District. R8 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 9 G.Nageshwara Rao, S/o. Pitchaiah. Morusumilli, Mylavaram Mandal, Krishna District. R9 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 10 Ch.Dharma Rao, S/o. Subba Rao. Morusumilli, Mylavaram Mandal, Krishna District. R10 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 11 V.Venkateshwara Rao, S/o. Eliya. Morusumilli, Mylavaram Mandal, Krishna District. R11 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 12 S.Venkataramaiah, S/o. Gopayya. Morusumilli, Mylavaram Mandal, Krishna District. R12 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. 13 N.Venkat Rao, S/o. Bhadrayya. Morusumilli, Mylavaram Mandal, Krishna District. R13 impleaded as per Court Order in WPMP 18720/02 dt.2-9-02. ..RESPONDENTS Counsel for the Petitioners:MR.K.RANGA RAO Counsel for respondents 1 to 3: AGP FOR FISHERIES Counsel for respondents 4 to 13: V.PARABRAHMA SASTRY The Court made the following : COMMON ORDER: These two writ petitions raise common questions of fact and law and hence, they are heard and being disposed of together. W.P.No.3395 of 2001 is ﬁled for a writ of Mandamus to declare Memo No.2030/12/99 dated 28-02-2000 issued by respondent No.1, whereby he directed respondent No.2 to take action for removal of 102 members including the petitioners, from respondent No.3-Fishermen Cooperative Society Limited (for short “the Society”), and consequential order dated 31-01-2001 issued by respondent No.2 removing the petitioners from the membership of the Society as illegal and void. In W.P.No.3004 of 2001 a similar relief is claimed by the petitioners, who are five in number. These cases have a chequered history. The facts, in brief, are stated hereunder: Respondent No.3-Society was formed in the year 1986 with 52 members. Elections were proposed to be held under election notiﬁcation issued on 31-05-1995 with 52 members included in the voters’ list. The elections were postponed and on the request made by the person-in-charge, who was the Assistant Director of Fisheries, the Director of Fisheries, by his order dated 15-09-1995, permitted the person-in-charge to admit 83 new persons as members of the Society. Feeling aggrieved by the said order, the promoter of the Society ﬁled W.P.No.23996 of 1995 before this Court. During the pendency of the writ petition, the said 83 persons were admitted as members of the Society. On 11-08-1997, fresh election notiﬁcation was issued. A learned Single Judge of this Court, by an interim order in W.P.No.23996 of 1995, directed holding of elections by arranging two diﬀerent boxes for old and new members respectively for keeping their votes separately. By order dated 11-07-1998, the learned Judge allowed the said writ petition and set aside the admission of 83 persons as members. Writ Appeal No.1184 of 1998, ﬁled by the said 83 persons, was disposed of by a Division Bench of this Court, by order dated 29-07-1998, on the basis of an agreement reached among all the parties, permitting all the persons who were members of the Society as on 29-07-1998 to participate in the election. Accordingly, election notiﬁcation was issued on 28-11-1998 with 237 members included in the voters’ list. It is relevant to note that all the petitioners herein claimed that they were admitted as members as on 09-06-1998 i.e., a few days before the disposal of Writ Appeal No.1184 of 1998. When election was sought to be conducted with 237 members including the petitioners, W.P.No.33020 of 1995 was ﬁled by the said 83 members questioning the admission of the petitioners. On 27-11-1998, this Court dismissed the said writ petition giving liberty to the petitioners therein to agitate before the appropriate authority, as this Court declined to go into the disputed questions of fact. On 28-02-2000, respondent No.1 issued memo to respondent No.2 to take action for removal of the petitioners, after following procedure under Section 21 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short “the Act”). Accordingly, show cause notice dated 17-05-2000 was issued by respondent No.2, to which the petitioners oﬀered their explanation. By his order dated 31-01-2001, respondent No.2 removed the petitioners from the membership of the Society. The petitioners, therefore, ﬁled the present writ petitions assailing memo dated 28-02-2000 and order dated 31-01-2001 of respondents 1 and 2 respectively. Separate counter-aﬃdavits have been ﬁled by respondents 2 and 4 to 13, who were impleaded at their instance. In both the counter-aﬃdavits they sought to justify the impugned proceedings. At the hearing, Sri K.Ranga Rao, learned counsel for the petitioners, submitted that the impugned proceedings are legally unsustainable because the reason given by respondent No.2 for removing the petitioners from the membership of the Society does not conform to the provisions of the Act and the bylaws of the Society. He submitted that the ground that the petitioners’ admission for membership was contrary to the conditions imposed while sanctioning loan to the Society, cannot be sustained in law, because the bylaws of the Society were not correspondingly amended in tune with the purported decision taken while sanctioning loan to the Society. The learned Assistant Government Pleader for Fisheries appearing for respondents 1 and 2 and Sri V.Parabrahma Sastry, learned counsel appearing for respondents 4 to 13 in both the writ petitions, made strenuous eﬀorts to sustain the impugned proceedings. Sri V.Parabrahma Sastry took objection to the maintainability of the writ petitions on the ground that the petitioners have an eﬀective alternative remedy of appeal under Section 76 of the Act, and therefore, the writ petitions filed bypassing such an effective remedy are liable to be rejected. At the outset, let me dispose of the objection taken by Sri V.Parabrahma Sastry on the maintainability of the writ petitions. Article 226 of the Constitution of India does not expressly impose any fretters on the High Court to entertain a writ petition. However, over a period of time, the Courts evolved self-imposed restrictions and one such restriction is that when a party has an eﬀective alternative remedy available, the High Court ordinarily does not entertain a writ petition. However, this rule is evolved as a rule of convenience and not as a rule of law. In a catena of judgments, the Supreme Court held that in appropriate cases where the orders passed by the administrative or statutory authorities are per se illegal and to prevent manifest injustice, the High Courts can entertain writ petitions and adjudicate on merits without relegating the aggrieved parties to avail alternative remedies. ( S e e A.V. Venkateshwaran Vs. R.S.Wadhwani [1]; Harbanslal Sahnia Vs. Indian Oil Corporation Ltd.[2] and ABL International Ltd. Vs. Export Credit Guarantee Corporation of India Ltd[3]). In the instant case, the writ petitions were admitted as far back as the year 2001. Already more than 7 years elapsed since then. As the issue raised by the petitioners touches upon a purely legal aspect, I am of the view that rejection of writ petitions at this belated stage results in causing manifest injustice to the petitioners. Therefore, I reject the contention of the learned counsel for respondents 4 to 13. Section 19(a) of the Act provides for eligibility for membership in a Society. Under the said provision, an individual who attained majority and is of sound mind and who belongs to a class of persons, if any, for whom the Society is formed as per its bylaws and who possesses such qualiﬁcations as may be speciﬁed in the bylaws or as may be prescribed for the concerned class of Societies in the interest of Co-operation movement etc., shall be eligible for admission as a member. Therefore, if a person possesses the qualiﬁcations speciﬁed in the bylaws of the Society, he is entitled, as of right, to be admitted as a member. There is no dispute as regards the eligibility of the petitioners to become the members of the Society. The only reason given by respondent No.2 for expelling the petitioners from the membership of the Society is that while sanctioning loan under “Shrimp and Fish Culture Project”, a condition was imposed that during the subsistence of the scheme, no new member should be admitted. The petitioners ﬁled a copy of the minutes under which such a condition was imposed. A perusal of the said minutes, which were recorded on 29-05- 1993, shows that it contains various decisions. Decision No.3 is to the eﬀect that the members of the Society should not exceed the viable limits. Under Decision No.4, it was decided that no new members should be added or deleted during the project period. Under Decision No.6, it is stated that all the bylaws should be amended accordingly and should be submitted to the State Project Unit Oﬃce before 15th June, 1993. In my view, Decision No.6 was taken by the Oﬃcer concerned being conscious of the fact that a condition, which is not contained in the bylaws cannot be either stipulated or enforced regarding the eligibility of a person for admission into the Society. In ground Nos.11 and 12 of W.P.No.3395 of 2001, the petitioners categorically averred as under: “Though the ﬁrst respondent directed the concerned Chief Executive Oﬃcers of the Project to see that all the 51 Societies covered by the Scheme should amend the bye-laws incorporating that new members should not be admitted during the project period, they did not take any steps in that regard.” “When the Societies did not amend the bye-laws incorporating the said direction, the ﬁrst respondent himself should have amended the bye-laws of all the 51 Societies, following the procedure under Section 16(5) of the A.P.Co-operative Societies Act, 1964, but he did not do the same.” In the counter-aﬃdavits ﬁled by the respondents, this assertion of the petitioners is not controverted. It shall, therefore, be taken that in the case of the present Society, its bylaws have not been amended. Unless the bylaws of the Society were amended and restriction on the admission of new members is introduced in the bylaws, it cannot be said that admission of the petitioners is either illegal or not inconsonance with the bylaws. Therefore, the ground on which the petitioners were expelled by respondent No.2 cannot be sustained in law. In view of the above ﬁnding, the further contentions of the learned counsel for the petitioners that the scheme ceased to be in force and that the loan was repaid long time back need not be considered. For the above mentioned reasons, both the writ petitions are allowed and the impugned memo and the order of respondents 1 and 2 respectively are quashed. C.V.NAGARJUNA REDDY, J Dated 10th September, 2008 vrn [1]) AIR 1961 SC 1506 [2]) (2003) 2 SCC 107 [3]) (2004) 3 SCC 553