THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21328 of 2011 Date: 29.07.2011 Between : D. Prabhakar Rao .… Petitioner and The Government of Andhra Pradesh, Rep.by its Principal Secretary of Cooperation and Agriculture, Secretariat, Hyderabad and others. …. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21328 of 2011 ORDER : Heard Sri Mohd. Asifuddin, learned counsel appearing for the petitioner as well as the learned Government Pleader for Cooperation appearing for respondent Nos.1, 3 and 4, and the learned Government Pleader for Irrigation and Command Area Development appearing for respondent No.2. 2. The petitioner, who claims to be a member of the Cooperative Electric Supply Society Limited (for short “the CESS Society”), Sircilla, has filed this writ petition for the following relief: “….. Writ of Mandamus declaring that the action of the respondents in not suspending the Managing Committee and not appointing the person incharge to the CESS specifically District Collector, Karimnagar pursuant to the representation dated 14.7.2011 and enquiry proceedings dated 8.7.2011 bearing Proc.No.4698/2009-D under Section 51 of APCS Act, 1964 is arbitrary and illegal and consequently issue a direction to the respondents to suspend the present Managing body by appointing District Collector as person incharge to conduct enquiry smoothly……” 3. The facts, in brief, are that the petitioner submitted representations dated 7.3.2011 and 17.4.2011 seeking an enquiry under Section 51 of the A.P. Cooperative Societies Act, 1964 (for brevity “the Act”) into the affairs of the CESS Society. As no action has been initiated on the said representations, the petitioner filed W.P.No.12349 of 2011 and this Court by order dated 27.4.2011 in W.P.M.P.No.15053 of 2011 in W.P.No.12349 of 2011 granted interim directions to consider the said representations. In pursuance of the said directions, the Joint Registrar/District Cooperative Officer, Karimnagar, issued proceedings Rc.No.4698/2009-D, dated 8.7.2011 ordering for an enquiry and appointed the Deputy Registrar/Officer-on-Special Duty, Karimnagar District Cooperative Central Bank Limited, Karimnagar as an Enquiry Officer. The said enquiry appears to be in progress. 4. It is stated that, in the meanwhile, the petitioner submitted a representation dated 14.7.2011 to the 1st respondent- Government, duly marking copies to respondent Nos.3 and 4 viz., Commissioner for Cooperation and Registrar of Cooperative Societies, A.P., Hyderabad and District Collector, Karimnagar District, respectively, seeking suspension of the Managing Committee of the CESS Society stating that it has indulged in several irregularities by appointing some contract helpers contrary to the Government Memo No.1888/Coop/(1)2009, dated 25.6.2009 and that if the said Managing Committee is not suspended, it would hamper the enquiry. 5. As could be seen from the facts, the petitioner is seeking relief against the said CESS Society by suspending its Managing Committee and also seeking appointment of a Person-in-charge to conduct the affairs of the Society. Even though the relief is sought against the CESS Society, which is an affected party, the petitioner has not chosen to implead it as a party-respondent to this writ petition. Even after bringing the said fact to the notice of the learned counsel for the petitioner, the learned counsel persisted the matter stating that the respondent concerned would look into the other legal aspects and hence there is no need to implead the CESS Society as a party-respondent to this writ petition. 6. I am of the view that the relief sought for, as extracted above, and the substantive issue raised by the petitioner relate to the affairs of the CESS Society, which is not a party to this writ petition, and in the absence of which the petitioner cannot seek any relief. 7. Accordingly, the writ petition is dismissed for non- joinder of necessary parties. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 29.07.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.21328 of 2011 29.07.2011 (Msr)