V Devaki Reddy v. M/s Tulasi Coop Housing Society Ltd
Case at a glance
- Decided
- 05 Feb 2008
- Bench
- N V RAMANA
Outcome
Dismissed
Accordingly the writ petition is dismissed
Provisions considered
- A.P. Cooperative Societies Act s. 61
- A.P. Co-operative Societies Act, 1964 s. 61(3)
- APCS Act, 1964 s. 61(1)
Judgment
to first respondent society as illegal and arbitrary. The petitioner claims that he is member of the first respondent society and alleges that the managing committee is not maintaining the records and running the society as per its wishes without consulting the members and conducting any meetings. It is further alleged that the managing committee is changing the members as per its choice with an intention to misappropriate the properties of the society and the list of members published on 4.9.2004 contains several benami members. It is further alleged that without following the procedure contemplated under the law and by fabricating the documents of the first respondent society an election was conducted on 6.8.2007 and a managing committee was elected, which is adversely affecting the interest of the members. Questioning the elections conducted on 6.8.07, the petitioner has raised a dispute and the same was referred under section 61 of the A.P. Cooperative Societies Act and registered as A.R.C No. 94 of 2007 before the Arbitrator/Deputy Registrar of Cooperative Societies, wherein status quo was ordered and the matter is pending. Hence, the present writ petition to declare the elections held on 6.8.07 as illegal on the ground that mandatory provisions of Section 22 of the A.P. Cooperative Societies Rules were not followed. Having regard to the allegations made in the writ petition, this Court by order dated 14.12.2007 directed to conduct an enquiry into the matter and to file a report. In terms of the said orders, an enquiry was conducted and report of the enquiry is filed along with the counter affidavit filed on behalf of the respondent no.10. In the counter affidavit it is stated that as per Rule 22 (1) (a) of the Act, the incumbent managing committee may themselves conduct elections to the society, and in terms of the same an unanimous resolution dt 22.6.2007 was passed appointing the election officer to conduct the elections and after following the procedure, the elections to the managing committee of the first respondent were conducted on
Operative part
6.8.07 and the newly elected committee has assumed the charge on the same day. It is stated that the disputes relating to the elections has to be raised before the A.P. Cooperative Tribunal and the writ petition as filed by the petitioner is not maintainable. The Divisional Cooperative Officer, after conducting the enquiry into the matter submitted a report stating that in terms of Rule 22 (1) (a) election officer was nominated and he has issued election notification on 2.7.2007 and communicated to all eligible voters and conducted elections on 6.8.2007 and the newly elected committee assumed the charge on same day itself. In terms of Section 61(3) of the A.P. Co-operative Societies Act, 1964, every dispute relating to, or in connection with any election to a committee of a society shall be referred for decision to the Tribunal having jurisdiction over the place where the main office of the society is situated, whose decision shall be final. Admittedly, in the present case, the petitioner has raised a dispute under Section 61 (1) of the APCS Act, 1964 and the same is registered as A.R.C No. 94 of 2007 before the Arbitrator/Deputy Registrar of Cooperative Societies and the same is pending. For the foregoing reasons, I find no merit in the writ petition, and the same is liable to be dismissed. At this stage, learned counsel for petitioner sought liberty to file election petition before the A.P. Cooperative Tribunal. Accordingly the writ petition is dismissed. However, the petitioners are at liberty to avail the remedies open to him under law. No costs. ____________ N.V.RAMANA,J DATE:5.2.2008 TVK THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 26666 of 2007 DATED: 5.2.2008
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly the writ petition is dismissed
Which statutory provisions did this judgment involve?
A.P. Cooperative Societies Act — s. 61; A.P. Co-operative Societies Act, 1964 — s. 61(3); APCS Act, 1964 — s. 61(1).
Which court decided this case, and when?
Andhra Pradesh High Court, on 05 Feb 2008. The bench was N V RAMANA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.