*THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY +Writ Petition No.19734 OF 2008 %14.10.2008 # Daggumalli Ravichandra and others. ..Petitioners Vs. $ The District Cooperative Officer, Guntur and others. .. Respondents. !Counsel for the Petitioners : Sri C.Raghu ^Counsel for the Respondents 1 to 4: G.P. for Co-operation ^Counsel for the Respondent No.5: K.Chidambaram <Gist : >Head Note: ?Cases Referred: 1. (2000) 6 SUPREME COURT CASES 127 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19734 of 2008 Between: 1 Daggumalli Ravichandra S/o. Sri Dharma Rao R/o. Daggumallivari Palem, Bapatla, Guntur District. 2 Smt. Chinta Vijaya Lakshmi W/o. Sri Samuel R/o. Daggumallivari Palem, Bapatla, Guntur District. 3 Manchala Jayapaul S/o. Sri Ananda Rao R/o. Daggumallivari Palem, Bapatla, Guntur District. 4 Paatibadla Sekhar Babu S/o. Sri Yehenu R/o. Christ Nagar, Bapatla, Guntur District. 5 Mangalagiri Sulomanu S/o. Sri Subbaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 6 Jogiravi BabuS/o. Sri Devadanama R/o. Daggumallivari Palem, Bapatla, Guntur District. 7 Ade Youhana S/o. Sri Rathaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 8 Gunnam Rama Rao S/o. Sri Ankaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 9 Daggumalli Sundara Rao S/o. Sri Bhavaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 10 Gudapati John Wesley Sri Prasada Rao R/o. Lakshmipuram, Bapatla, Guntur District. 11 Albert Joseph Jason S/o. Sri Albaert John R/o. Andrewspet, Bapatla, Guntur District. 12 Dasari Youhanu So. Sri Ankaiah R/o. Andrewspet, Bapatla, Guntur District. 13 Daggumalli Dharma ARao S/o. Sri Narigaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 14 Kati Nagaiah S/o. Sri Adhaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 15 Roger Victor Prafulla Kumar S/o. Sri John Roger R/o. Daggumallivari Palem, Bapatla, Guntur District. 16 Daggumalli Sudhakar S/o. Sri Samuel R/o. Daggumallivari Palem, Bapatla, Guntur District. 17 Manchala Nirmala Ananda Kumar S/o. Sri Ananda Rao R/o. Daggumallivari Palem, Bapatla, Guntur District. 18 Ade Simonu S/o. Sri Rathaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 19 Smt. Govathoti Mary Ratna Kumari W/o. Sri Seshaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 20 Chinta Lajar S/o. Sri Prakasha Rao R/o. Daggumallivari Palem, Bapatla, Guntur District. 21 Smt. Daggumalli Mariamma W/o. Sri Nagabhushanam R/o. Daggumallivari Palem, Bapatla, Guntur District. 22 Albert Chennaiah S/o. Sri John Albert, R/o. Andrewspet, Bapatla, Guntur District. 23 Smt. Gummadi Susheela W/o. Sri Subba Rao R/o. Daggumallivari Palem, Bapatla, Guntur District. 24 Kagitha Papa Rao S/o. Sri Bullaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 25 Daggumalli Bullaiah S/o. Sri Veeraiah R/o. Daggumallivari Palem, Bapatla, Guntur District. 26 Smt. Perli Sarojini W/o. Sri Pedda Subba Rao R/o. Daggumallivari Palem, Bapatla, Guntur District. 27 Ade Samuel S/o. Sri Yesuratnam R/o. Daggumallivari Palem, Bapatla, Guntur District. 28 SMt. Manchala Mercy W/o. Sri Samuel Paul R/o. Daggumallivari Palem, Bapatla, Guntur District. 29 Ade Nageswara Rao S/o. Sri Bala Munnaiah R/o. Daggumallivari Palem, Bapatla, Guntur District. ..... PETITIONER(S) AND 1 The District Cooperative Officer, Guntur. 2 The Divisional Cooperative Officer, Tenali, Guntur District. 3 The Sub-Divisional Cooperative Officer, Bapatla, Guntur District. 4 Daggumallivari Palem Aadhi Andhra Cooperative Collective Farming Society Ltd., Regd. No. 547 Rep. by its Person-Incharge, Daggumallivaripalem, Bapatla, Guntur District. 5 The Person Incharge, Daggumallivari Palem Aadhi Andhra Cooperative Daggumallivaripalem, Bapatla, Guntur District. .....RESPONDENT(S) 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 to issue a writ of Mandamus or any other appropriate writ order or direction declaring the action of the 5th Respondent representing the 4th Respondent in expelling the petitioners from the 4th Respondent Society Vide Proceedings Rc No. 184/2003 dt. 30-5-2008 issued respectively to the petitioners as illegala, arbitrary, without jurisdiction and in violation of Sec. 21 of the A.P. Cooperative Societies Act, 1964 and set aside the same and pass such other order or orders Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19734 of 2008 ORDER: Petitioners are the Members of Daggumallivari Palem Aadhi Andhra Cooperative Collective Farming Society Limited, 4th respondent herein. The term of the managing committee expired in 2003. The person-in- charge viz., 5th respondent herein, was appointed, for managing the aﬀairs of the society. He issued a show cause notice, dated 12.05.2008, to the petitioners and certain others, directing them to explain as to why their membership shall not be cancelled. The reason mentioned in the show cause notice was that the meeting of the general body, in which a resolution was passed admitting the petitioners as members, is defective. The petitioners submitted their explanations on 28.05.2008. Not being satisﬁed with the same, the 5th respondent issued individual proceedings, dated 30.05.2008, cancelling the membership of the petitioners. The said proceedings are challenged in this writ petition. Heard the learned counsel for the petitioners, learned Government Pleader for Cooperation and Sri K.Chidambaram, learned counsel for the 5th respondent. The proceedings, cancelling the membership of the petitioners, were issued by the 5th respondent. The short question that arises for consideration in this writ petition is as to whether the 5th respondent is competent to cancel the membership in a society. The Judgment of the Supreme Court in Joint Registrar of Cooperative Societies vs. T.A.Kuttappan[1] had a direct bearing on the issue. The subject matter of the case before the Supreme Court was the competence of the person-in-charge, in the context of admission of members. It was held that the person-in-charge does not have the power to admit members and that it is only for the general body of the society to admit new members. The power to cancel a member is almost incidental to the one of admission. When in categorical terms, the Supreme Court held that the person-in- charge does not have the power to admit, it goes without saying that he does not have the power to cancel the membership of the existing members. Therefore, the impugned proceedings are liable to be set aside. The writ petition is accordingly allowed and the impugned proceedings issued against the petitioners are set aside. This order, however, would not preclude the competent authority under the A.P. Cooperative Societies Act and the Rules made thereunder to take necessary action vis-à-vis the petitioners. There shall be no order as to costs. _________ 14.10.2008 Note: L.R.Copy to be marked. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19734 of 2008 Date: 14.10.2008 JSU [1] (2000) 6 SUPREME COURT CASES 127