HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.147 OF 2005 Dated:16.11.2006 Between The Kurnool District Milk Producers Mutually Aided Co-Operative Union Limited, Nampally reptd by its Chairman, Sri Bhooma Narayana Reddy. ..... PETITIONER And The District Co-Operative Officer-cum- the Registrar of the Mutually Aided Co-Operative Societies, Kurnool District. .....RESPONDENT HONOURABLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.147 OF 2005 ORDER: This writ petition is filed questioning the letter dated 08.12.2004 of the Joint Registrar-cum-District Co- Operative Officer addressed to the Kurnool District Milk Producers Mutually Aided Co-Operative Union Limited, Nandyal (for short ‘the Society’). It appears that the general body of the Society has passed a resolution amending its Bye-law No.29(2), which reads as under: ----------------------------------------------------------------------------------- - As-Existing Amended ----------------------------------------------------------------------------------- - 29(2) After completion of elections After completion of elections to the to the vacancies of Managing vacancies of Managing Committee, Committee, on the same day on the same day or next day the or next day the Managing Co- Managing Committee will elect mmittee will elect the President the Chairman. The person who every year. elected as Chairman will remain as Chairman as per the Rule-23(1) till the completion of Managing Committee’s membership. Later, the Society sent the same to the Joint Registrar- cum-District Co-Operative Officer, Kurnool, for carrying out the amendment as required under Section 10 (1) of the Andhra Pradesh Mutually Aided Co-Operative Societies Act, 1995 (for short ‘the Act’). The said proposed amendment was returned stating that the same should be forwarded to the Registrar of Mutually Aided Co-Operative Societies as required under Section 10 (2) of the Act. It is also further stated that under Section 9 (2) (xvi) of the Act, the same has to be forwarded to the Registrar since it deals with the term of office of the Directors. Learned counsel for the petitioner states that the Joint Registrar-cum-District Co-Operative has no business to apply his mind, since the resolution was passed by the Society amending its Bye-law No.29(2), with a majority. The Joint Registrar cum-District Co-Operative Officer shall simply register the amendment in his books, but he cannot take any objection of this nature by examining the amendment. Section 10 (1) of the Act reads as under: “A Co-operative Society may amend any of the provisions of its bye-laws by a resolution of its general body, or by the representative general body, where this exists: Provided, that no such resolution shall be passed unless atleast twenty clear days of written notice of the meetings have been given along with a copy of the proposed amendment to each member of the general body or representative general body, as the case may be, and such notice and proposed amendment is also displayed on the notice board of the Co-operative Society for a period of twenty days immediately preceding the date of the meeting: Provided further that the representative general body shall not alter any provision in the bye-laws relating to its own constitution and powers.” Section 10 (2) of the Act reads as under: “In the case of amendment of its bye-laws with regard to matters relating to items (i), (ii), (ix), (x), (xi), (xii), (xiii), (xiv), (xv), (xvi), (xvii), (xix), (xxiv), (xxix), (xxxvi) and (xxxvii) of sub-section (2) of Section 9 an application for the registration of the amendment shall be forwarded by the Co-Operative Society by registered post to the Registrar within a period of thirty days from the date of the resolution.” Section 9 (2) (xvi) of the Act reads as under: - “9 (2) Subject to Section 3, the bye-laws of a Co- Operative Society shall be specific on the following matters, namely: -(xvi) the term of office of the Directors” From the above, it is clear that under the proviso to Section 10 (1) of the Act, the Joint Registrar-cum-District Co-Operative Officer can examine the matter as to whether it is properly made or not. The Joint Registrar cannot accept the amendments ignoring Section 10 (2) of the Act. In the present case, the amendment made by the Society was returned stating that in view of Section 9 (2) (xvi) read with Section 10 (2) of the Act, the petitioner should approach the Registrar since it deals with the term of the office of the Directors. In view of the above, I am of the opinion that the respondent has not committed any error calling for interference by this Court under Article-226 of the Constitution of India. Therefore, the writ petition is devoid of merits and is liable to be dismissed. Accordingly, the writ petition is dismissed. However, this will not preclude the petitioner-Society from approaching the Registrar as per Section-9 (2) of the Act and work out its remedies as per the law. The petitioner- Society shall forward those amendments resolved by it to the Registrar of Mutually Aided Co-Operative Societies within a period of two weeks from the date of receipt of a copy of this order, and on such forwarding, the Registrar shall consider and dispose of the same within a period of four weeks thereafter on its own merits, as per the law. No order as to costs. _______________ (C.V.RAMULU, J) 16.11.2006 DR