THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.4155/2008 Date of Order: 25-2-2011 Between: C. Sudheer Reddy ..Petitioner And 1. The Managing Director, Nellore District Milk Producers’ Mutually Aided Co-operative Union Ltd., Venkateshwarapuram, Nellore, Nellore District and others. ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.4155/2008 Oral order: The revision petitioner herein filed OP No.2/2008 before the Andhra Pradesh Co-operative Tribunal, Vijayawada to declare and disqualify M. Gopala Krishna Chowdary as Chairman of Nellore District Milk Producers’ Mutually Aided Co-operative Union Ltd., Nellore (for short “Milk Union”). Along with OP, the revision petitioner filed M.A.No.14/2008 under sec. 76(2) of Andhra Pradesh Co-operative Societies Act r/w Rule 26 of Andhra Pradesh Co-operative Societies Rules seeking to suspend the resolutions 2 to 4 passed on 9-2-2008 by the respondents 2 to 12 and to disqualify the second respondent, M. Gopala Krishna Chowdary, who was illegally elected as Chairman of the Milk Union, pending disposal of the appeal. Learned Tribunal by the impugned order dt. 20-8-2008 while declining to suspend the resolutions 2 to 4 and disqualify the second respondent dismissed M.A. with a finding that as per bye-law 44.4, the petitioner has to approach the Arbitration Committee of the Milk Union as envisaged in bye-laws for settlement of the disputes and if the petitioner is aggrieved by the decision of the Arbitration Committee, he has got a right to approach the Tribunal under Section 37(1) and (2) of A.P. Mutually Aided Co-operative Societies Act,1995. Admittedly, the second respondent is continuing as Chairman of the Milk Union since the date of election. In the absence of any stay granted by this court, it is not desirable to suspend the said resolutions at this distance of time except issuing a direction to dispose of OP as expeditiously as possible, uninfluenced by the observations made by the lower tribunal that OP itself is not maintainable without approaching the Arbitration Committee for resolving the disputes, as the said finding recorded while dismissing MA was only for the purpose of deciding MA but not deciding the maintainability of OP and it has to be gone into only on the pleadings of the parties and evidence adduced by the parties. With the above observation, the Civil Revision Petition is disposed of. No costs. _________________ A.GOPAL REDDY, J. Dt.25-2-2011 kmr