THE HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.15023 of 2009 Date : 25-1-2010 Between : Tribal Fishermen Co-operative Society, Pullur, Pullur Village, Garla Mandal, Khammam District, represented by its President, Bukya Pulia s/o.Lal Singh, aged 55 years, r/o.Pullur village, Garla Mandal, Khammam District. .. Petitioner And The District Collector, Khammam, Khammam District and others .. Respondents THE HON'BLE SRI JUSTICE P.S. NARAYANA W.P.No.15023 of 2009 ORDER: 1. Heard the Counsel. 2. This Court while ordering notice before admission made the following order : “…The Emergency General Body Meeting, as scheduled, should be convened in the office of the Gram Panchayat, Pullur on 28-7-2009, however the respondents should not initiate any action against the members of the petitioner- society for a period of two weeks….” Subsequent thereto, on 11-8-2009, this Court issued rule nisi and extended the interim order until further orders. 3. The 3rd respondent was impleaded by an order dated 14-12-2009 in W.P.M.P.No.28221/2009. 4. The 2nd respondent filed counter affidavit. 5. The Writ Petition is filed for a writ of mandamus declaring the order of the Assistant Director of Fisheries, Khammam vide Lr.No.684/A/2009 dated 20-7-2009 as bad, arbitrary and contrary to the provisions of A.P. Co-operative Societies Act and also offending Articles 14, 19 and 21 of the Constitution of India and to pass such other suitable orders. 6. It is stated in the affidavit filed in support of the Writ Petition that Tribal Fishermen Co-operative Society, Pullur which was registered on 30-3-1992 with registration No.N-112 under A.P. Co-operative Societies Act is existing with 57 members and the membership of the society was increased from time to time and at present the society is existing with 57 members. All the members of the society are fishermen by profession and eking out their livelihood by way of fishing. The affairs of the society had been maintained/administered by the Managing Committee duly elected by the General Body from time to time. The petitioner was duly elected as the President along with Directors by the members of the society on 10-7-2007 and since then the Managing Committee had been functioning and administering the affairs of the society. 7. Further it is stated that it is apt to state that as there was no rivalry among the members of the society, in view of the changed political scenario, some of the members of the society said to have made complaint to the 2nd respondent against the members of the committee alleging certain allegations regarding misuse of the income derived from fishing etc. Basing on the said complaint, the Assistant Director of Fisheries, Khammam had issued notice for emergency General Body meeting vide Lr.No.684/A/2009 dated 20-7- 2009 directing the President of the Society to appear in person along with all members on 28-7-2009 at 11 A.M. in the office of the Gram Panchayat, Pullur and it was informed that the President and the members of the society to submit the society books and audit reports in the meeting. It is further stated that the 2nd respondent had not referred any provision of law for issuing the said notice. Section 51 of the A.P. Co-operative Societies Act confers power on the Registrar to hold an enquiry into the consultation working and financial condition of the society but the Registrar has to exercise such power either on its own motion or on the application of the society to which the society concerned is affiliated of not less than 1/3 of the members of the committee or of not less than 1/5 of the total number of members of the society to hold an enquiry. In the instant case, the complaint had been made against the committee with 10 members of the society which does not equate to 1/5th of the total members of the society and hence it does not attract the parameters of Section 51 of the A.P. Co-operative Societies Act 1964. Certain further allegations also had been made. 8. No doubt, specifically Sri Vinay Kumar pointed out to reference No.3 of the impugned order which refers to the application dated 16-7-2009. However, in the light of the stand taken in the counter affidavit of the 2nd respondent, this aspect may not improve the situation. In the light of the clear stand taken in the counter affidavit of the 2nd respondent, the impugned order is hereby set- aside. But however, liberty is given to take appropriate action in accordance with the provisions of the Act aforesaid. 9. Accordingly, with the above direction, the Writ Petition is allowed to the extent indicated above. No costs. _________________ Justice P.S. Narayana Date : 25-1-2010 AM