THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.9204 of 2007 Date: 26.08.2010 Between: The Kurnool District Milk Producers Mutually Aided Cooperative Union Limited, Nandyal, rep.by its Chairman, Sri Bhooma Narayana Reddy … Petitioner AND The District Cooperative Officer-cum- the Registrar of the Mutually Aided Cooperative Societies, Kurnool District. … Respondent THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.9204 of 2007 ORDER: The petitioner society is a Dairy Milk Producers Co-operative Society, which was originally registered under the Andhra Pradesh Cooperative Societies Act, 1964 (the Act of 1964). Thereafter, by conversion it was registered under the Andhra Pradesh Mutually Aided Cooperative Societies Act, 1995 (the Act of 1995). The general body of the petitioner’s society amended its bye- laws in respect of election of the Chairperson, in its meeting held on 30.09.2004. When the amended bye-law was submitted to the District Cooperative Officer-cum-Registrar of Mutually Aided Cooperative Societies, Kurnool District, the respondent herein, for necessary approval under the provisions of the Act of 1995, the respondent rejected the proposed amendment by proceedings dated 04.11.2004. The petitioner society appears to have objected to the same under its representation dated 15.11.2004. However, by order dated 08.12.2004 the respondent returned the proposal submitted by the petitioner society. Aggrieved by the same, the petitioner society filed W.P.No.147 of 2005 before this Court, which was dismissed by order dated 16.11.2006. However, this Court observed that the said order would not preclude the petitioner society from approaching the Registrar as per law to work out its remedies. The petitioner society was permitted to forward its amendment to the Registrar within a period of two weeks and the said officer was directed to consider and dispose of the same within four weeks. Acting thereupon, the petitioner society submitted application dated 05.03.2007 with regard to the proposed amendment. By the impugned order dated 30.03.2007, the respondent rejected the proposed amendment stating as follows: “1. As per section 22 (2) of the AP MACS Act 1995, the Chairperson shall be elected by the Board from among the elected members and shall, in accordance with the Bye- Laws. The Chairperson, has to be elected by the Board members from among themselves, obviously, each year during elections, the Character of the Board could well change, with the new entrants not necessarily on the same wavelength as the ones who vacated office. Therefore, it has been provided in your bye-laws that after each election of directors, the new board should meet to elect a Chairperson from among themselves.” Hence, this writ petition. Sri J. Ugra Narasimha, learned counsel for the petitioner Society, pointed out that the aforestated developments in the case proceeded in ignorance of the legal position obtaining in the Act of 1995. He referred to Section 4 (1) proviso and Section 4 (1A) of the Act of 1995 and contended that the petitioner society, being a Dairy Milk Producers Cooperative Society, could not be registered or regulated under the provisions of the Act of 1995. Section 4 of the Act of 1995, to the extent relevant, reads as under: 4. Registration:- (1) Where not less than ten individuals each being a members of a different family intend to form a Co- operative Society, or two or more a Co-operative Societies registered under this section wish to form into a federation, or a society registered under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 intends to convert itself into a Co-operative Society under this Act, they shall frame bye-laws for this purpose in accordance with Section 3 in the first instance. Provided that no Co-operative Society shall be registered as a Dairy or Milk Co-operative Society and no Dairy or Milk Co- operative Society registered under any other law shall be converted into a dairy or milk co-operative society under this Act. (1A) Notwithstanding anything contained under this Act, or under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964, (Act 7 of 1964), all the Dairy/Milk Co- operative Societies registered or deemed to have been registered or converted under the provisions of this Act, shall be deemed to have been excluded from the provisions of this Act and deemed to have been registered and continued under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 (Act 7 of 1964). The learned counsel therefore submitted that the impugned order is unsustainable as the Authority rejected the petitioner society’s amendment by applying the provisions of the Act of 1995. I find merit in the contention urged by the learned counsel. In the light of the provisions extracted supra, it is clear that after the amendment of the Act of 1995, under Act 20 of 2006 whereby the proviso to Section 4 (1) along with Section 4 (1A) were inserted, having retrospective effect from 01.06.1995, the petitioner society, being a Dairy Milk Producers Cooperative Society, could not be governed by the Act of 1995. In terms of the Section 4 (1A), its registration under the Act of 1995 is deemed to be continued under the Act of 1964 and it stands excluded from the provisions of the Act of 1995. Therefore, the rejection of the petitioner society’s proposed amendment by applying the provisions of the Act of 1995 cannot be sustained. The impugned order dated 30.03.2007 is accordingly set aside, leaving it open to the petitioner society to approach the appropriate authority under the Andhra Pradesh Co- operative Societies Act, 1964 for approval of the proposed amendment to its bye-laws. The writ petition is accordingly allowed. No order as to costs. __________________ SANJAY KUMAR, J Date: 26.08.2010 Isn