IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 113 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/12/2008 in WP NO : 26267 OF 2008 on the file of the High Court.) Between: B.Venkateswar Redy General Secretary A.P Pubic Health and Medical Employees Union(Regd No.3194 Situated at Campus of A.P Vaidya Vidhana Parishat, Koti, Hyderabad ..... APPELLANT AND 1. Andhra Pradesh Public Health and Medical Employees Union,(Regd.No.3194),recognized by Government of AP having its office in the campus of AP Vaidya Vidhana Parishad,Koti,Hyderabad,rep.by its Joint General Secretary M.Satyanarayana Gowd,S/o.M.Sambaiah, aged about 49 years Resident of 8-1-80/3,Lakshminagar, Road,No.1,Karmanghat. 2. The Director OF Heath AP Koti Hyderabad. 3. The Regional Director Of Medical & Helth Services Zone-IV Kapda District 4. The Regional Director of Medical & Health Services Zone- I,Visakhapatnam, Visakhapatnam District 5. The Regional Director of Medical & Health Services Zone-III Rajahmundry E.G District 6. The Regional Director of Medical & Health Services Zone-III Guntur District 7. The Regional Director of Medical & Health Services Zone-V Warangal Warangal District 8. The Regional Director of Medical & Health Services Zone-IV Hyderabad 9. The Government of Andhra Pradesh, rep.by its Principal Secretary, health Medical & Family Welfare Department, secretariat Buildings,Hyderabad .....RESPONDENTS Counsel for the Appellants: MR.K.VASUDEVA REDDY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE WRIT APPEAL(SR) NO : 40319 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 16/12/2008 in WP NO : 26267 OF 2008 on the file of the High Court.) Between: G.Sanjeeva Reddy S/o.G.Achi Reddy R/o.6/B, LIGH,Baghlingampally,Hyderabad ..... APPELLANT AND 1. AP Public health and Medical Employees Union (Regd.No. 3194), Recognized by Government of AP., having its office at Campus of AP Vaidya Vidhana Parishat,Koti,Hyderabad rep.by its JT.General SECRETARY,M.Satyanarayana Goud S/o.M.Sambaiah, aged about 49 years, R/o.H.No.8-1-80/3 Lakshmi Nagar, Road No.1,Karmanghat, Saroornagar, Hyderabad 2. The Director of Health ,APKoti,Hyderabad 3. The Regional Director of Medical & Health Sciences Zone-IV, Kadapa, Kadapa District 4. The Regional Director of Medical & Health Services Zone-I, Visakhapatnam, Visakhapatnam District 5. The Regional Director of Medical & Health Services Zone - II,Rajahmundry, East Godavari District 6. The Regional Director of Medical & Health Services Zone-III, Guntur, Guntur District 7. The Regional Director of Medical & Health Services Zone-V, Warangal, Warangal District 8. The Regional Director of Medical & Health Services Zone -IV, Hyderabad 9. The Government of Andhra Pradesh, rep.by its Principal Secreary, Health Medical & Family Welfare Department Secretariat Building,s Hyderabad .....RESPONDENTS Counsel for the Appellant: MR.K.VASUDEVA REDDY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMI.WELFARE. WRIT PETITION NO : 3679 of 2009 Between: B. Venkateshwar Reddy General Secretary, A.P. Public Health and Medical Employees Union (Regd.No. 3194) situated at Campus of A.P. Vaidya Vidhana Parishat, Koti, Hyderabad. ..... PETITIONER AND 1 The Director of Health A.P. Koti, Hyderabad. 2 The Regional Director of Medical & Health Services Zone-IV, Kadapa, Kadapa District. 3 The Regional Director of Medical & Health Services Zone-I, Visakhapatnam,Visakhapatnam District. 4 The Regional Director of Medical & Health Services Zone-II, Rajahmundry East Godavari District. 5 The Regional Director of Medical & Health Services Zone-III, Guntur, Guntur District. 6 The Regional Director of Medical & Health Services Zone-V Warangal, Warangal District. 7 The Regional Director of Medical & Health Services Zone-VI Hyderabad. 8 The Government of A.P. Rep. by its Principal Secretary, Health Medical & Family Welfare Departmenmt, Secretariat Buildings, Hyderabad. .....RESPONDENTS 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 issue a writ or order or direction especially one in the nature of writ of Mandamus i. declare the proceeding No. 6406/E10.B/07 dt. 3-1-2009 issued by the 1st respondent as illegal, and arbitrary and set aside the same ii. consequently direct the respondents to recognize the continue the petitioner as General Secretary to A.P. Public Health & Medical Employees Union (3194) pursuant to the election conducted on 25-11-2007 iii. and pass such other order or orders as this court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.VASUDEVA REDDY Counsel for the Respondents: GP FOR MEDICAL HEALTH & FAMILY WELFARE The Division Bench of this Full text of Court made the following : (common judgment follows 4th page) THE HON'BLE MRS JUSTICE T.MEENA KUMARI A N D THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 113 of 2009 WRIT APPEAL SR.NO. 4 0 3 1 9 OF 2009 AND WRIT PETITION NO. 3 6 7 9 OF 2009 COMMON JUDGMENT : (Per the HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR) 1. As common questions of facts and law are involved in these writ appeals and writ petition, they were heard together and are being disposed of by this common judgment. 2. This Writ Appeal No.113 of 2009 is directed against the order of the learned single Judge in WP.No.26267 of 2008, dated 16-12-2008 whereby the learned single Judge directed the first respondent i.e., Director of Health, Hyderabad, to permit the elected first or second Vice-President and first or second Joint General Secretary in the place of the President and the General Secretary to represent the petitioner’s union. We have heard the learned counsel appearing for the parties not only in this writ appeal but also the connected writ appeal and writ petition. 3. The chequered history of the case would go to show that the petitioners in WP.No.3679 of 2009 as Secretary and the President (appellant in WASR.No.40319 of 2009) are said to have been elected in the General Body Meeting of the Union and under the Proceedings dated 03-5-2008 of the first respondent i.e., Director of Health, the said elected representatives were recognized. However, it appears that one person by name, Mr. Syamsunder, who is petitioner in WP.No.11774 of 2008 approached this court contending that elected Secretary was removed by General Body Resolution, dated 20-1-2009 and he is co-opted as Secretary. He, thus complained inaction on the part of the Director of Health in not recognizing him and recognizing elected Secretary. Meanwhile, the Director of Health has cancelled the recognition accorded to the Secretary vide Proceedings dated 09-5- 2008. This led to the Secretary filing another Writ Petition No.10906 of 2008 and the Proceedings of the Director of Health were suspended by order of this court dated 21-5-2008. It appears that the Director of Health, again passed the orders recognizing the Secretary. In the meanwhile, Mr. Shyamsudner, filed a suit in OS.No.1593 of 2008 on the file of the Court of X-Junior Civil Judge, City Civil Court, Hyderabad and sought injunction against functioning of the elected General Secretary. The General Secretary sought vacation of the injunction vide I.A.No.366 of 208 and by order dated 20-11-2008,s the Civil Court, after hearing all the parties, has vacated the said injunction. It is represented that a Civil Miscellaneous Appeal against the said order is pending before the appellate court. But however there is no interim order passed in the said Civil Miscellaneous Appeal. While the matter remains thus, Writ Petition No.11774 of 2008 and Writ Petition No.10906 of 2008 were disposed of by this court by order dated 07-8- 2008 whereunder this court directed the parties and the Director of Health to give due recognition as per the orders passed by the Civil Court since the alleged removal of the appellant and alleged co-option of Shyamsunder is the subject matter of the suit. The Director of Health, Andhra Pradesh, Hyderabad was directed to revise the proceedings with regard to recognition of the General Secretary of the Union as and when dispute between the parties are set at rest by the civil court. After the said common order of this court became final and remained unchallenged, another set of petitioners styling themselves as again representing the A.P. Public Health Medical Union through its Joint General Secretary filed WP.No.26267 of 2008 seeking mandamus against the first respondent (Director of Health) for not permitting the first or second Vice President and first or second Joint Secretary to function in the place of President and the General Secretary. Under the impugned order of the learned single Judge, the said writ petition has been allowed. 4. After hearing all the parties and after going through the various orders passed at various stages as briefly discussed above, we are of the opinion that the invokation of jurisdiction under Article 226 of the Constitution of India in a matter of this nature where the administration and management of the society registered under the Societies Registration Act, 2001 is questioned, appears to be misconceived. It is appropriate to extract Section 23, which is as follows: Section 23 of the AP Societies Registration Act, 2001 : Dispute regarding management: In the event of any dispute arising among the Committee or the members of the society, in respect of any matter relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of the Arbitration and Conciliation Act, 1996 (Central Act 26 of 1996) or may file an application in the District Court concerned and the said court shall after necessary inquiry pass such order as it may deem fit. 5. Section 23 of the AP Societies Registration Act, 2001, clearly shows that all the disputes relating to the affairs of the society may be adjudicated by invoking the jurisdiction of the District Court by way of an application or under the provisions of the Arbitration and Conciliation Act, 1996. Admittedly, the entire dispute, which is the subject matter of various writ petitions referred to above, are all relating to the affairs of the society and as against allegedly elected representatives. Further a civil suit covering the same issue is already pending before the court below and on consideration of the material before it, it has already passed the final order at the Interlocutory stage on the interim application. A Civil Miscellaneous Appeal is pending before the appellate court. Keeping in view of all the circumstances, therefore, we are of the view that the invocation of the jurisdiction of this court under Article 226 and filing of various writ petitions by different set of people without making the others as parties thereto and securing orders behind their back has resulted in conflicting orders which are being interpreted by the parties to support their respective claims. In this view of the matter, we deem it appropriate to pass the following order: (a) Writ Appeal No.113 of 2009 is allowed and the impugned order in Writ Petition No.26267 of 2008, dated 16-12-2008 is set aside; (b) All the parties are permitted to approach the civil court, where O.S.No. 1593 of 2008 is pending including the appellate court where Civil Miscellaneous Appeal is said to be pending to the extent of vacation of interim injunction orders; (c) All the parties are at liberty to invoke the jurisdiction of the competent court under section 23 of the AP Societies Registration Act, 2001 and ventiliate their grievance before the appropriate forum; (d) All the parties are at liberty to seek vacation or modification of the orders of the civil court already passed in the matter and to seek appropriate final orders in the matter; 6. As all the learned counsel desire, we direct the appellate court to hear and dispose of the civil miscellaneous appeal pending against the vacation of the interim orders preferably before the end of June 2009. Till further orders are passed by the civil court, the orders already passed by the civil court as existing as on today shall continue to operate. 7. While adjudicating the issue as directed above, the civil court shall not be influenced by any orders passed by this court in any of the matters between the parties as mentioned above and shall decide and adjudicate the issue independently and in accordance with law. 8. WASR.No. 40319 of 2009: It may also be mentioned that so far as the direction in the impugned order regarding permitting the second or third Vice President is concerned, an appeal is separately filed along with application seeking leave, by the elected President. 9. In this appeal the elected President is aggrieved by the direction in the impugned order permitting the first or second Vice President to function in his place. The said writ appeal is filed along with an application WAMP.No.1046 of 2009 for leave on the ground that though the appellant is not a party to the writ petition and the impugned direction directly affects. Leave is accordingly granted. 10. During the hearing, the learned counsel for the contesting respondent fairly submitted that the entire dispute involved in all these proceedings is regarding the elected General Secretary and not regarding the President and as such they have no objection over the functioning of the elected President. In view of the same, grievance of the appellant does not survive. WASR.No. 40319 of 2009 disposed off, accordingly. 11. In view of the above, W.A.No. 113 of 2008 and WP.No. 3679 of 2009 are disposed of accordingly. No costs. _______________________ JUSTICE T. MEENA KUMARI. ___________________________ JUSTICE VILAS V.AFZULPURKAR. 21-04-2009. I s L