IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 2634 of 2004 Between: 1 Naramala China Kondaiah, S/o. Peda Naraiah, R/o. Yerraballi Village, Kondapuram Mandal, Nellore District 2 Naramala Narasimha Rao, S/o. Chinna Naraiah, R/o. Yerraballi Village, Kondapuram Mandal, Nellore District 3 Pogula Buchaiah, S/o. Gopalu, R/o. Yerraballi Village, Kondapuram Mandal, Nellore District 4 Rechakonda Lingaiah, S/o. Bogaiah, R/o. Yerraballi Village, Kondapuram Mandal, Nellore District 5 Naramala Narasaiah, S/o. Chinna Naraiah, R/o. Yerraballi Village, Kondapuram Mandal, Nellore District ... PETITIONERS AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Prohibition and Excise Department, Secretariat, Hyderabad. 2 Prohibition and Excise Superintendent, Nellore. 3 Prohibition and Excise Sub-Inspector, Vinjamoor, 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 may be pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction declaring the impugned Proceedings of the 2nd Respondent in Rc. No. 1167/2003/A3, dated: 15.12.2003 removing them from the Membership of Toddy Tappers Cooperative Societies District as illegal, arbitrary etc., and grant such other just and consequential relief or reliefs. Counsel for the Petitioners: MR.V.V.L.N.SARMA Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: Petitioners submit that they are the residents of Yerraballi Village, Kondapuram Mandal, Nellore District and that they have submitted an application to admit them as members of Toddy Tappers Cooperative Society (TCS), East Yerraballi Village and the managing committee of the TCS admitted them as members by passing a resolution on 09.04.2002. While so, under the guise of the enquiry report said to have been submitted by the third respondent – Prohibition and Excise Sub-Inspector, the functional Registrar i.e. Prohibition and Excise Superintendent, Nellore passed the impugned order in R.C.No.1167/2003/A3 dated 15.12.2003 removing them from the membership of the TCS on the ground that certain members of the TCS have made a representation/complaint stating that the petitioners are not the residents of Yerraballi Village but they are the residents of Nandanavaram Village and they are not tappers, therefore, they are not entitled to be members of the TCS and they were removed. The functional Registrar based on the enquiry report of the third respondent passed the impugned order stating that they are not taking part in the activities of the society and they are not entitled to be admitted and accordingly their membership was removed. 2. Learned counsel for the petitioners submits that the power to admit or remove the members vests with the society alone but the second respondent being a functional Registrar is only entitled to pass an order disqualifying the members on certain exigencies under Section 21 of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’) and under Section 23 of the Act any member can be expelled through a resolution passed by the General Body with a majority of 2/3 members. 3. In the instant case, the society has not expelled or removed the petitioners but the functional Registrar/Prohibition and Excise Superintendent removed them. Therefore, I am of the opinion that the impugned order dated 15.12.2003 is illegal and without any authority. If the petitioners are not genuine members and if they have to be weeded out as per the excise policy, it is always open to the excise authorities to conduct an enquiry and direct the society to remove them. Having regard to the facts and circumstances of the case, the impugned order is set aside and the writ petition is accordingly allowed. However, it is open to the respondents to take appropriate action to weed out/expel the bogus members in accordance with law. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 9, 2008 DSK