Judgment:
P.S. Mishra, C.J.
1. Heard.
2. Facts of this case tell a tale of a small group of members of a Co-operative Society bringing the whole Society's functioning to a standstill by designs obviously, but by adopting devices which cannot be judicially approved. Learned Single Judge has taken notice of the factum of filing of Writ Petition No. 11013 of 1996 and W.P.M.P. No. 13376 of 1996 therein and the order in the latter petition to the effect that if a General Body Meeting was not convened as required by the statute, then as provided under Section 32(1-A) the Managing Committee ceased to function. The above order was obtained on the impression created in the Court that respondent failed to appear in spite of notice being served and in view of the allegations, the Court felt satisfied to issue direction as follows:
'I deem it fit to direct the respondent to suspend the functioning of the Managing Committee forthwith and appoint a Special Officer to be in- charge of the Co-operative Society, pending further orders.'
Learned single Judge has noticed that the above order was obtained in a Miscellaneous Petition in which the Managing Committee of the Society, which was suspended under his orders, was not impleaded as a party and just following the said direction, the Deputy Registrar (second respondent in the writ petition) passed, in exercise of the power under Section 34(1) read with Section 32(1-A) of the Andhra Pradesh Co-operative Societies Act, 1964, the following order:
'I, Deputy Registrar of Co-operative Societies, Kovvur, hereby suspend the functioning of the Managing Committee of the Markondapadu Primary Agricultural Credit Society Limited, Chagallu Mandal, Kovvur Division, West Godavari District and appoint Sri T. Veeranna, Co- operative Sub-Registrar of the Markondapadu Primary Agricultural Co- operative Credit Societies Limited, for a period of six months from the date of assumption of charge or till the further orders of the Hon'ble High Court of Judicature, Andhra Pradesh at Hyderabad whichever is earlier.'
3. Learned single Judge has taken notice of further facts and regretted that the Court issued the above order without any opportunity to the appellant herein of being heard. This, he has been able to do only because the appellant has chosen to challenge the order passed by the Deputy Registrar by filing a separate writ petition i.e., W.P. No. 17757 of 1996. Learned single Judge has, however, ordered as follows:
'As a result of the interim directions issued by this Court on 16-8-1996, the relief which could have been granted in the Writ Petition has been granted at the interlocutory stage. The interim order thus passed on 16-8-1996 pending the writ petition has the effect of allowing the W.P. No. 11013 of 1996, even without having afforded an opportunity of hearing to the affected parties who were not impleaded and were not parties either to the Writ Petition or to the Miscellaneous Petition.
The only order to my mind that can be passed in the Writ Petition even if the contentions of the petitioner in W.P. No. 11013 of 1996 were accepted as true, was to direct the Deputy Registrar- second respondent therein to take appropriate action in accordance with law and in the light of the provisions contained in Section 32 or 34 of the Act.
In view of the fact that pursuant to the interim directions of this Court, the Registrar has passed orders under Section 34(1) of the Act and superseded the Committee and appointed a Special Officer, I am of the view that the above two writ petitions in the light of what is stated supra, can therefore be disposed of at this stage with certain directions and the said two writ petitions are accordingly disposed of with directions as under:
(1) The interim directions granted by this Court, dated 16-8-1996, be and are hereby vacated and consequently the orders passed by the Deputy Registrar, Co-operative Societies, Kovvur, in proceedings Re No. 12020/86C, dated 26-8-1996, impugned in W.P. No. 17757 of 1996 will remain suspended, though the Special Officer appointed shall continue to function with full powers as have been conferred on him by the said impugned proceedings till such time as the second respondent (Deputy Registrar) who is hereby directed to consider within three weeks from the date of receipt of a copy of this order as to whether any of the jurisdictional facts exist to warrant the supersession of the Committee in accordance with Section 34 of the Act or any other action is warranted in law against the Committee under any other provisions of the Act.
(2) The 2nd respondent i.e., the Deputy Registrar, Co-operative Societies, Kovvur (2nd respondent in W.P. No. 11013 of 1996 and 1st respondent in W.P. No. 17757 of 1996) shall accordingly after affording an opportunity to all the members of the superseded Committee, pass appropriate orders in the matter referred to above and in accordance with law uninfluenced by any of the observations made in this order.
(3) Till that consideration is made, the order superseding the Committee shall continue to operate and in the meantime the Special Officer will function as such awaiting the final orders by the Deputy Registrar, Co- operative Societies, Kovvur (2nd respondent in W.P. No. 11013 of 1996 and 1st respondent in W.P. No. 17757 of 1996). However, the orders shall be passed within a period of three weeks from the date of receipt of a copy of this order, as specified above.'
4. Having heard learned Counsel for the parties, we are of the considered opinion that the only proper order in the instant proceedings would be to dismiss Writ Petition No. 11013 of 1996 and order in Writ Petition No. 17757 of 1996, to avoid further delays, for calling the General Body Meeting of the Society for electing the members of the Managing Committee within a reasonable time.
5. There is some controversy before us whether the President of the Society, who is elected by the General Body, ceased along with the Managing Committee or the supersession and appointment of the Special Officer would make him also cease his office. We do not propose, however, to deal with this aspect.
6. We direct, on the facts and in the circumstances of the case, that the Special Officer appointed under the impugned order shall function only for convening the General Body Meeting of the Society and for discharge of such routine duties which are essential for the functioning of the Society and shall convene the General Body Meeting of the Society within a fortnight from to-day and complete all formalities of the election of the members of the Managing Committee and any other office bearers whose term has expired, within one month from to-day. This will, to some extent, repair the damage which has been done by the order of the Court in W.P.M. P.No. 13376 of 1996 which has resulted in the supersession of the Society and appointment of a Special Officer. For the above purpose, the appellant shall provide forthwith a list of the members of the Society to the Special Officer and furnish a certified copy of the instant order, upon which the Special Officer shall immediately act.
7. Before we part with the judgment, we record our disapproval of the conduct of the petitioners in Writ Petition No. 11013 of 1996, who made allegations against the appellant herein but impleaded the Society through the Secretary as one of the respondents in the writ petition and gave up even the said party respondent through the Secretary in W.P.M.P. No. 13376 of 1996. Such conduct of a person, who moves the court for justice, can neither be condoned nor approved.
8. We accordingly order that Writ Petition No. 11013 of 1996 shall stand dismissed with costs. Hearing fee of each day at Rs. 2,000/- for the writ petition as well as the writ appeal.
9. With the directions as above, the appeal is disposed of.