IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF FEBRUARY TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 1636 of 2005 Between: Jangita Krishnaiah, S/o. Ramaiah, TTCS, Chittamur, R/o. Chittamur Village and Mandal, Nellore District. ..... PETITIONER AND 1 The Prohibition and Excise Superintendent, Nellore, Nellore District. 2 The Station House Officer, Prohibition and Excise Station, Vakadu, Nellore 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, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing proceedings Rc.No. 439/C4/A3, dt. 08-12-2004 appointing person-in-charge to the Toddy Tappers Cooperative Society, Chittamuru, Nellore District, before the expiry of the term of the existing Managing Committee as illegal, arbitrary and against the principle of natural justice and consequently set aside the same and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.E.VENKATA REDDY Counsel for the Respondents No.1 and 2: GP FOR PROHIBITION & EXCISE The Court at the stage of admission made the following ORDER: The petitioner claims to have been elected as the President of the Toddy Tappers Cooperative Society, Chittamuru, by the Managing Committee, through a resolution dated 01.10.2000. He challenges the proceedings dated 08.12.2004 issued by the first respondent appointing the second respondent as the person- in-charge, under Section 32(7) of the A.P. Cooperative Societies Act, 1964. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition & Excise. The contention advanced on behalf of the petitioner is that though the term of the elected committee is yet to expire, the first respondent has appointed the person-in-charge. It is also stated that such a course can be adopted only by superceding the existing committee, duly following the procedure prescribed by law, and not otherwise. The contention advanced on behalf of the petitioner proceeds on the footing that the term of the Managing committee of the Society commenced from 01.10.2000. From the record, it is evident that the petitioner was elected as the President on 01.10.2000 in a resultant vacancy. The elections to the Managing Committee have taken place earlier thereto. The petitioner is not able to state as to the exact date of election of the entire Managing committee. Once it has emerged that the term of the elected committee has expired, it is always open to the first respondent to appoint the persons-in-charge. Though it is permissible to appoint the office bearers of the previous Managing Committee as persons-in-charge, the first respondent has chosen to appoint an official, the second respondent, as person-in-charge. No illegality as such can be said to have been committed in the process. However, the first respondent shall take necessary steps to conduct the elections to the Managing Committee of the Society and conclude the said process, before 31st May 2005. The writ petition is accordingly disposed of. There shall be no order as to costs. ----------------------- 07.02.2005 ksld To 1 The Prohibition and Excise Superintendent, Nellore, Nellore District. 2 The Station House Officer, Prohibition and Excise Station, Vakadu, Nellore District. 3 Two CCs. to the G.P. for Prohibition & Excise, High Court of A.P., Hyderabad (OUT). 4 Two CD copies.