THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1043 OF 2011 DATED:29.11.2011 Between: The Chairman, Cooperative Electric Supply Society Limited, Sircilla, karimnagar District … Appellant And K. Mohan Reddy and others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1043 OF 2011 JUDGMENT: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) The appellant is aggrieved by an order dt.12.10.2011 passed by the learned single Judge in W.V.M.P. No.3750 of 2011 in W.P.M.P. No.33700 of 2011 in W.P. No.27306 of 2011. 2. The respondent – writ petitioner was expelled from the membership of the managing committee of the appellant society since he had failed to attend three consecutive meetings. 3. The expulsion order was challenged by the respondent in W.P. No.17762 of 2008. 4. By judgment and order dt.18.7.2011, the learned Single Judge held following a decision of a Division Bench of this Court in Vancha Veera Reddy v. District Cooperative Officer, Nalgonda[1], that cessation of membership under Section 21-A or Section 21-AA or Section 21-B of the Andhra Pradesh Cooperative Societies Act, 1964 is not automatic, but subject to the decision of the general body of the society on the recommendations of the managing committee. 5. In view of the decision of the learned Single Judge, the appellant society issued a fresh show cause notice to the respondent on 29.7.2011 and sought to refer the matter to the general body for a decision. 6. The appellant challenged the show cause notice dt.29.7.2011 by filing a writ petition in which an interim stay was granted by the learned Single Judge in respect of further proceedings. 7. The appellant society then moved an application for vacating the interim order and on that application the learned Single Judge held that the appellant may convene general body meeting for taking any decision to managing the affairs of the society but no decision shall be taken with regard to cessation or removal of the respondent until further orders. 8. The contention of the appellant society is that all that is being done is to follow the decision earlier rendered by the Division Bench of this Court and also by the learned Single Judge to place the matter before the general body. The respondent is entitled to be heard before the general body and it is only thereafter that the general body of the society will take a decision in the matter. Effectively, by declining to vacate the interim order the learned Single Judge has nullified the judgment of the Division Bench of this Court as well as the learned Single Judge. 9. Learned counsel for the respondent- writ petitioner submits that the show cause notice issued to the respondent on 29.7.2011 is illegal. 10. Without entering into the merits of this controversy, since it is very much alive before the learned Single Judge, we leave it open to the respondent to make submissions before the general body as and when a meeting is convened for the purpose of taking a decision on expulsion from membership of the managing committee. 11. With the above observations, the appeal is allowed. The restraint order passed by the learned Single Judge is set aside. Miscellaneous application is also disposed of. __________________ MADAN B. LOKUR, CJ _______________ SANJAY KUMAR, J 29-11-2011 bnr [1] 2010 (3) ALD 526 (DB)