IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION NOS.12116, 12877, 13110, 3871, 4155, 4717, 4688, 4682, 4690, 14072, 14103, 14415, 14382, 14567, 14666, 14667, 15605, 15447, 15833, 16056, 16158, 16114, 16324, 16659, 16736, 16696, 17827, 17940, 17944, 17949, 17999, 18064, 18126, 18202, 18256, 18400, 18471, 18489, 18560, 18594, 18639, 18664, 18705, 18707, 18711, 18722, 18724, 18726, 18771, 18768, 18853, 18917, 18955, 18999, 19001, 19005, 19029, 19059, 19181, 19237, 19247, 19248, 19262, 19312, 16971, 17039, 17049, 17083, 17094, 17123, 17162, 17285, 17288, 17289, 17292, 17334, 17338, 17486, 17525, 17610, 17616, 17660, 17740, 17787, 16538, 15108, 19769, 19241, 18816, 18619, 9304, 20104 OF 2004 WRIT PETITION NO : 12116 of 2004 Between: K.Somasekhar Rao, S/o Nagaiah, Persons-in-charge Committee, Primary Agricultural Cooperative Society Limited, Ethonda r/o Ethonda, Kotagiri Mandal, Nizamabad District. ..... PETITIONER AND 1 The District Cooperative Officer/Joint Registrar of Cooperative Societies, Nizamabad District, Nizamabad. 2 The Commissioner for Cooperation and Registrar of Cooperative Societies, Andhra Pradesh, Gruhakalpa, M.J.Road, Hyderabad. 3 Government of Andhra Pradesh, rep., by its Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus- i) declaring the proceedings issued by the 1st respondent in Rc.No.2372/2000/C, dated 7-7-2004, duly served on the society on 12-7-2004, appointing the official person in charge to the Primary Agricultural Cooperative Society Ltd., Ethonda, in the place of the elected Chairman of the Persons-in- Charge Committee as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the Division Bench judgment of this Hon'ble Court in the case of M.Rangareddy Vs. State of Andhra Pradesh and another, reported in AIR 1989 AP 81, and consequently set aside the same; consequently ii) direct the respondents to continue the petitioner as Chairman of the Persons-in-Charge Committee of Primary Agricultural Cooperative Society Ltd., Ethonda, Kotagiri Mandal, Nizamabad District till elections to Primary Agricultural Cooperative Society Ltd., Ethonda, Kotagiri Mandal, Nizamabad District are conducted. Counsel for the Petitioner: MR.NANDIGAM KRISHANA RAO Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 12877 of 2004 Between: T.Yella Reddy, S/o Govinda Reddy, Persons-in-Charge Committee, Primary Agricultural Cooperative Society Limited, Durshed, Resident of Durshed, Karimnagar Mandal, Karimnagar District ..... PETITIONER AND 1 The Divisional Cooperative Officer, Karimnagar, Karimnagar District 2 The District Cooperative Officer/ Joint Registrar of Cooperative Societies, Karimnagar District, Karimnagar. 3 The Commissioner for Cooperation and Registrar of Cooperative Societies, Andhra Pradesh, Gruhakalpa, MJ Road, Hyderabad 4 Government of Andhra Pradesh rep.by its Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus: (i) declaring the proceedings issued by the 1st respondent in Rc.No.488/2003-C, dated 12-7-2004 appointing the official person in charge to the Primary Agricultural Cooperative Society Ltd. Durshed, in the place of the elected Chairman of the Persons-in-Charge Committee as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the Division Bench judgment of this Hon'ble Court in the case of M.Rangareddy Vs.State of Andhra Pradesh and another, reported in AIR 1989 AP 81, and consequently set aside the same; consequently (ii) direct the respondents to continue me as Chairman of the Persons-in-charge Committee of Primary Agricultural Cooperative Society Ltd. Durshed, Karimnagar Mandal, Karimnagar District till elections to primary Agricultural Cooperative Society Ltd., Durshed, Karimnagar Mandal, Karimnagar District, are conducted. Counsel for the Petitioner:MR.NANDIGAM KRISHANA RAO Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 13110 of 2004 Between: K.Ram Kishan Reddy, S/o K.Ram Reddy, Persons-in-Charge Committee, Formers Service Co.operative Society Ltd., Nirmal, r/o Nirmal, Adilabad District. ..... PETITIONER AND 1 The Deputy Registrar of Cooperative Societies/ Divisional Cooperative Officer, Nirmal, Adilabad District. 2 The Joint Registrar of Co.operative Societies, District Cooperative Officer, Adilabad District, Adilabad. 3 The Registrar of Cooperative Societies and Commissioner for Cooperation, Andhra Pradesh, Gruhakalpa, Hyderabad. 4 Government of Andhra Pradesh, rep., by its Secretary, Agriculture and Co.operation Department, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus. i) declaring the orders issued by the Government in G.O.Rt.No.606, Agriculture and Cooperation Department, dated 3-7-2004 directing to appoint official persons-in-charge committees in place of non-official persons-in-charge committees for a period of 6 months with immediate effect and the consequential proceedings issued by the District Cooperative Officer, Adilabad District, Adilabad in Rc.No.2689/2004-S.C., dated 6-7-2004 with the endorsement of the Divisional Cooperative Officer, Nirmal in Endt.No.848/2004-D, dated 13-7-2004 as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the Division Bench judgment of this Hon'ble Court in the case of M.Rangareddy Vs. State of Andhra Pradesh and another reported in AIR 1989 AP 81, and consequently set aside the same; consequently ii) direct the respondents to continue the petitioner as Chairman of the Persons-in-charge committee of the Farmers Service Co.operative Society Ltd., Nirmal, Adilabad District till elections to the Farmers Service Cooperative Society Ltd., Nirmal, Adilabad District are conducted. Counsel for the Petitioner: MR.NANDIGAM KRISHANA RAO Counsel for the Respondent: GP FOR COOPERATION WRIT PETITION NO : 3871 of 2004 Between: Dasari Sanyasappadu S/o.Ramulu Rachakindam PACS Ltd., Bondapalli (via) Vizianagaram District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep.by its Principal Secretary Agricultural and Cooperation (Co-op.-IV) Dept., Secretariat, Hyderabad. 2 Commissioner for Co-operation and Registrar of Co-operative Societies, Andhra Pradesh, Hyderabad. 3 Deputy Registrar Cooperative Societies/Divisional Co-operative Officer, Vizianagaram District. 4 Branch Manager, District Co-op.Central Bank,Gajapathinagaram Branch, Gajapathinagaram, Vizianagaram. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ directing the respondents to appoint the petitioner as Chairperson of Rachakindam PACS, in accordance with the provisions of the A.P.Co-operative Societies Act and the relevant G.Os. issued by the Government by declaring the proceedings of the 3rd respondent in Rc.No.1698-B dated 5.2.2004 as arbitrary, illegal, discriminatory and unconstitutional. Counsel for the Petitioner:MS.I.MAAMU VANI Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 4155 of 2004 Between: K.V.Suryanarayana Raju, s/o late Varahalu Raju, Occ:Chair-Person, Kella PACS, R/o Kella, Gurlla Mandal, Vizianagaram District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep., by its Principal Secretary, Agricultural and Co-operation (Co-op.IV) Dept., Secretariat, Hyderabad. 2 Commissioner for Co-operation and Registrar of Co-operative Societies, Andhra Pradesh, Hyderabad. 3 Deputy Registrar Co-operative Societies/ Divisional Co-operative Officer, Vizianagaram District. 4 Branch Manager, District Co-operative Central Bank, Nellimarla Branch, Vizianagaram District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other appropriate writ directing the respondents to appoint the petitioner as Chairperson of Kella PACS, in accordance with the provisions of the A.P.Co-operative Societies Act and the relevant G.Os., issued by the Government by the declaring the proceedings of the 3rd respondent in Rc.No.1698/2000-B Dated 5-2-2004 as arbitrary, illegal, discriminatory and unconstitutional. Counsel for the Petitioner: MS.I.MAAMU VANI Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 4717 of 2004 Between: Manyapuri Somulu, son of Ramulu Jarajapupeta (Vilg, ) Nellimarla Mandal, Vizianagaram District ..... PETITIONER AND 1 Prl. Secretary, Agricultural and Co-operation Govt. of AP Secretariat, Hyderabad 2 Commissioner for Co-Operation and Registrar of Cooperative Societies AP, Hyderabad 3 Deputy Registrar, Co-Operative Societies/ Divisional Co-Operative Officer Vizianagaram District 4 Branch Manager, District Co-Op. Central Bank, Nellimarla Branch Vizianagaram Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate Writ directing the respondents to appoint the petitioner as Chairperson of Moida Viziarampuram PACS, in accordance with the provisions of the AP. Co-Operative Societies Act and the relevant G.Os. issued by the Govt. by the declaring the proceedings of the 3rd respondent in Rc.No. 1698/2000-B dt. 5/02/2004 as arbitrary, illegal, discriminatory and unconstitutional. Counsel for the Petitioner: MS.I.MAAMU VANI Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 4688 of 2004 Between: Nemmadi Ramu Naidu, S/o. Chinna Appala Naidu Tatiguda PACS, Garividi Mandal, Vizianagaram District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep by its Principal Secretary, Agricultural and Co-operation (Co-op-IV) Dept. Secretariat, Hyderabad. 2 Commissioner for Co-operation and Registrar of Co-operative Societies, Andhra Pradesh, Hyderabad. 3 Deputy Registrar Co-operative Societies/ Divisional Co-operative Officer, Vizianagaram District 4 Branch Manager, District Co-op. Central Bank, Garividi Branch, Vizianagaram District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ directing the respondents to appoint the petitioner as Chairperson of Tatiguda PACS, in accordance with the provisions of the A.P. Co-operative Societies Act and the relevant accordance with the provisions of the A.P. Co-operative Societies Act and the relevant G.O. s issued by the Government by declaring the proceedings of the 3rd respondent in Rc No. 1698-2000-B dated 5-2-2004 as arbitrary, illegal, discriminatory and unconstitutional. Counsel for the Petitioner: MS.I.MAAMU VANI Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 4682 of 2004 Between: Sanapati Venkata Ramana, S/o.Ramappala Naidu, R/o.Garugubilli Village, Merakamudidam Mandal, Vizianagaram District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep. by its Principal Secretary, Agricultural and Co-operation (Co-op-IV) Department, Secretariat, Hyderabad. 2 Commissioner for Co-operation and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad. 3 Deputy Registrar Co-operative Societies/Divisional Co-operative Officer, Vizianagaram District. 4 Branch Manager, District Co-op. Central Bank, Cheepurupalli Branch, Vizianagaram District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ directing the respondents to appoint the petitioner as Chairperson of Sathamvalasa PACS, in accordance with the provisions of the A.P.Co-Operative Societies Act and the relevant G.Os issued by the Government by declaring the proceedings of the 3rd respondent in Rc.No.1698/2000-B dated 5-2-2004 as arbitrary, illegal, discriminatory and unconstitutional. Counsel for the Petitioner: MS.I.MAAMU VANI Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 4690 of 2004 Between: Kommuri Narasinga Rao, S/o Appala Swamy, Bhogapuram PACS, R/o.Bhogapuram Village & Mandal, Vizianagaram Dist. ..... PETITIONER AND 1 Govt.of A.P.rep.by its Prl. Secretary, Agrl. & Co-op., (Co-op- IV) dept., Secretariat, Hyderabad. 2 Commissioner for Co-operation & Registrar of Co-op. Societies, A.P.Hyderabad. 3 Deputy Registrar Co-operative Societies/Divisional, Co-operative officer, Vizianagaram Dist. 4 Branch Manager, District Co-op.Cental Bank, Poosapatirega Branch,vizianagaram Dist. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ directing the respondents to appoint the petitioner as chairperson of Bhogapuram PACS, in accordance with the provisions of the A.P. Co-operative Societies Act and the relevant G.Os. issued by the Government by the declaring the proceedings of the 3rd respondent in Rc.No.1698/2000-B dated 5-2-2004 as arbitrary, illegal, discriminatory and unconstitutional. Counsel for the Petitioner: MS.I.MAAMU VANI Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 14072 of 2004 Between: K.Gandhi, S/o K.Rajeswara Rao, Business and Chairman, Person-incharge Committee, Primary Agricultural Cooperative Society, Gambhirraopeta, Karimnagar District ..... PETITIONER AND 1 The Deputy Registrar of Co.op. Societies, Jagtial, Karimnagar District 2 The District Cooperative Officer/ Jt.Registrar of Coop. Society, Karimnagar 3 Government of A.P.rep.by its Secretary, Agriculture & Cooperation, A.P.Secretariat, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the first respondent in issuing impugned Proc.Rc.No.1122/2004-C, dated 9-7-2004 appointing the official persons incharge to the Primary Agricultural Cooperative Society Ltd. Gambhiraopeta, Karimnagar District in place of the elected Chairman of the Person-Incharge Committees as arbitrary, illegal and unconstitutional apart from being violative of principles of natural justice and set aside the same and consequently direct the respondents to continue the petitioner as Chairman of the Persons-incharge Committee of Primary Agricultural Cooperative Society Ltd. Gambhirraopeta, Karimnagar District, till elections are held. Counsel for the Petitioner: MR.S.SATYAM REDDY Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 14103 of 2004 Between: K.Bhushan Reddy, S/o.K.Ram Reddy, Chairman persons-in-Charge, committee, Primary Agrl.Coop.Society, Mamda Mandal, Adilabad Dist. ..... PETITIONER AND 1 The Dist.Coop.officer / Jt.Registrar of Cooperative & Reg.of Coop.Societies, A.P.Gruhakalpa, MJ Road.Hyd. 2 The Commissioner for Coop. and Registrar of Coop.Societies, A.P.Gruhakalpa, MJ Road.Hyd. 3 Govt. of A.P.,rep.by its Secretary, Agriculture and Coop. Department, Secretariat, Hyd. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature writ of mandamus declaring the proceedings issued by the 1st respondent in R.C.No.2689/2004 S.C. dt.6-7-04 appointing the official person incharge to the primary Agricultural cooperative society Mamda in the place of the elected Chairman of the persons-in-charge committee as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the division bench judgment of this Hon'ble court and set aside the same and consequently direct the respondents to continue me as Chairman of the persons-in-charge Committee of primary Agricultural Cooperative Society Mamda, Mamda Mandal, Adilabad District, till elections are conducted. Counsel for the Petitioner: SMT.C.VANI REDDY Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 14415 of 2004 Between: Ch.Srinivasa Rao, S/o Ch.Ramchander Rao, Person-Incharge Committee, Primary Agricultural Cooperative Society, Boinpally, Karimnagar District ..... PETITIONER AND 1 The Deputy Registrar of Coop. Societies, Jagtial, Karimnagar District 2 The District Cooperative Officer/ Jt.Registrar of Coop.Society, Karimnagar 3 Government of A.P.,rep.by its Secretary, Agriculture & Cooperation Dept. AP Secretariat, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the first respondent in issuing impugned Proc.Rc.No.1122/2004-C, dated 9-7-2004 appointing the official persons Incharge to the Primary Agricultural Cooperative Society Ltd. Boinpally, Karimnagar District. In place of the elected Chairman of the Person-Incharge Committees as arbitrary, illegal and unconstitutional apart from being violative of principles of natural justice and set aside the same and consequently direct the respondents to continue the petitioner as Chairman of the Persons-Incharge Committee of Primary Agricultural Cooperative Society Ltd.Boinpally, Karimnagar Dist. till elections are held. Counsel for the Petitioner: MR.S.SATYAM REDDY Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 14382 of 2004 Between: D.S.J.Rao, S/o Peru Naidu, residing at Yellamanchili, Visakhapatnam District ..... PETITIONER AND 1 The Joint Registrar/ Dist.Co-Operative Officer, Visakhapatnam 2 The Deputy Registrar of Co-operative Societies, Yellamanchili 3 The Kakkirapalli Primary Agricultural Co-operative Society, Yellamanchili, Visakhapatnam District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue appropriate Writ, order or direction under Article 226 of the Constitution of India more particularly a Writ in the nature of Mandamus declaring the proceedings of the 2nd respondent bearing Rc.No.178/2004-C dated 7-7-2004 appointing official persons-in-charge for a period of 6 months excluding the petitioner as person-in- charge for a period of 6 months excluding the petitioner as person-in-charge of the Committee of the 3rd respondent-Society under Sec.32 (7)(a) r/w Sec.131 of the A.P.Coop.Societies Act as arbitrary and illegal. Counsel for the Petitioner: MR.M.S.R.SUBRAHMANYAM Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 14567 of 2004 Between: M.Vikram Reddy, S/o M.Ram Reddy, Persons-Incharge Committee, Primary Agricultural Co.operative Society, Appannapet, Karimnagar District. ..... PETITIONER AND 1 The Deputy Registrar of Co.op.Societies, Peddapalli, Karimnagar District. 2 The District Cooperative Officer/Jt.Registrar of Co.op.Society, Karimnagar. 3 Government of A.P., rep., by its Secretary, Agriculture & Cooperation Dept., A.P.Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, more particularly one in the nature of a writ of mandamus declaring the action of the first respondent in issuing impugned Proc.Rc.No.859/2004-C, dt.9-7-2004 appointing the official persons incharge to the Primary Agricultural Cooperative Society Ltd., Appannapet, Karimnagar District in place of the elected Chairman of the Persons-Incharge Committees as arbitrary, illegal and unconstitutional apart from being violative of principles of natural justice and set aside the same and consequently direct the respondents to continue the petitioner as Chairman of the Persons-Incharge Committee of Primary Agricultural Cooperative Society Ltd., Appannapet, Karimnagar District till elections are held. Counsel for the Petitioner: MR.S.SATYAM REDDY Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 14666 of 2004 Between: P.Devender Rao, s/o.Tulasekhar Rao, Large Size Cooperative society Ltd., Manakondur, Mandal Karimangar Dist. ..... PETITIONER AND 1 The Large Size Cooperative society ltd., Manakondur Mandal, Karimnagar Dist. 2 The Deputy Registrar of Cooperative Societies / Divisional Cooperative Officer, Karimnagar Dist. 3 The Joint Registrar of Coop.Societies / The Dist.Coop. officer, Karimnagar Dist. 4 The Registrar of Cooperative Societies / commissioner for Cooperation, Government of A.P., Gruhakalpa, Hyd. 5 The Govt. of A.P. rep. by its Secretary, Agrl. & Cooperation Department, Secretariat, Hyd. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to Issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus; 1) declaring the inaction of the respondents in not holding elections to the large size Cooperative society Ltd., Manakondur, Manakondur Mandal,Karimnagar District though the term of the elected members of the society expired in the month of July 2000 as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice, against the mandatory provision under Section 31 of A.P. Cooperative Societies Act and the Judgment of the Hon'ble High Court in M. Rangareddy Vs.State of A.P. and another, reported in AIR 1989 AP 81; consequently. ii) declare the action of the 5th respondent in issuing G.O.Rt.No.606, Agriculture and cooperation, Dt. 3.7.2004 directing the 4th respondent to appoint official persons in charge committees in place of the elected members of the cooperative societies and the consequential proceedings issued by the 2nd respondent in Rc.No.488/2003-C, Dt. 12.7.2004 appointing the official persons in charge committee in place of the elected members, to the Large size cooperative society Ltd.,Manakondur, Manakondur Mandal, Karimnagar District, as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and set aside the same; consequently. iii) direct the 4th respondent to conduct elections immediately to the Large size Cooperative Society Ltd.,Manakondur, Manakondur Mandal., Karimnagar District by permitting the petitioner to continue as Chairperson of the persons in charge Committee, Large size Cooperative Society Ltd, Manakondur, Manakondur Mandal, Karimnagar District till elections are held to it. Counsel for the Petitioner: MR.NANDIGAM KRISHANA RAO Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 14667 of 2004 Between: Ch. Malla Reddy S/o Bhoomaiah Primary Agricultural Coopertive Society., Ltd., Arnakonda, Choppadandi Mandal, Karimnagar District ..... PETITIONER AND 1 Primary Agricultural Cooperative Society Ltd., Arnakonda, Chooppadandi Mandal Karimnagar District rep by Secretary. 2 The Deputy Registrar of Coopertive Societies/ Divisional Cooperative Officer, Karimnagar District, Karimnagar 3 The Joint Registrar of Coopertive Societies/ The District Cooperative Officer, Karimnagar District 4 The Registrar of Cooperative Societies/ Commissioner for Cooperation, Governemnt of Andhra Pradesh, Gruhakalpa, Hyderabad 5 The Governemnt of Andhra Pradesh rep by Secrtary, Agriculture and Cooperation Department, Secretariat, Hyderabad .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to Issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus; 1) declaring the inaction of the respondents in not holding elections to primary agricultural Cooperative Society Ltd., Arnakonda, Choppadandi Mandal Karimnagar District though the term of the elected members of the society expired in the month of July 2000 as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice, against the mandatory provision under Section 31 of A.P. Cooperative Societies Act and the Judgment of the Hon'ble High Court in M. Rangareddy Vs.State of A.P. and another, reported in AIR 1989 AP 81; consequently. ii) declare the action of the 5th respondent in issuing G.O.Rt.No.606, Agriculture and cooperation, Dt. 3.7.2004 directing the 4th respondent to appoint official persons in charge committees in place of the elected members of the cooperative societies and the consequential proceedings issued by the 2nd respondent in Rc.No.488/2003-C, Dt. 12.7.2004 appointing the official persons in charge committee in place of the elected members, to the primary Agricultural cooperative society Ltd., Arnakonda, Choppadandi Mandal, Karimnagar District, as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and set aside the same; consequently. iii) direct the 4th respondent to conduct elections immediately to the primary Agricultural Cooperative Society Ltd., Arnakonda, Choppadandi Mandal, Karimnagar District by permitting the petitioner to continue as Chairperson of the persons in charge Committee, Primary Agricultural Cooperative Society Ltd., Arnakonda, Choppadandi Mandal, Karimnagar District till elections are held to it. Counsel for the Petitioner: MR.NANDIGAM KRISHANA RAO Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION NO : 15605 of 2004 Between: Ganapathineedi Satya Prakash, S/o Veerabhadra Rao, Sri Agasteswara Primary Agricultural Cooperative Credit Society Ltd, Vadali, R/o of Vadali, Penugonda Mandal, West Godavari District. ..... PETITIONER AND 1 Sri Agasteswara Primary Agricultural Cooperative Credit, Vadali, Penugonda Mandal, West Godavari District, rep. by its Secretary. 2 The Deputy Registrar of Cooperative Societies/ Divisional Cooperative Officer, Kovvur, West Godavari District. 3 The Joint Registrar of Cooperative Societies/ The District Cooperative Officer, West Godavari District, Eluru. 4 The Registrar of Cooperative Societies/ Commissioner for Cooperation, Govt. of A.P. Gruhakalpa, Hyderabad. 5 The Government of Andhra Pradesh, rep. by its Secretary, Agriculture and Cooperation Dept, Secretariat, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus- (i) declaring the inaction of the respondents in not holding elections to Sri Agasteswara Primary Agricultural Cooperative Credit Siociety Ltd, Vadali, Penugonda Mandal, West Godavari District though the term of the elected members of the society expired in the month of July, 2000 as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice against the mandatory provision under Section 31 of A.P. Cooperative Societies Act and the Judgment of the Hon'ble High Court in M. Rangareddy Vs. State of Andhra Pradesh and another, reported in AIR 1989 AP 81, consequently ii) declare the action of the 5th Respondent in issuing G.O. Rt.No. 606, Agriculture and Cooperation, dated