M.K. GOVINDARAJULU CHETTY AND OTHERS Vs. GOVT OF A.P. HYD. AND ANOTHERS
LAWS(APH)-1972-12-18
HIGH COURT OF ANDHRA PRADESH
Decided on December 25,1972

M.K. Govindarajulu Chetty And Others Appellant
VERSUS
Govt Of A.P. Hyd. And Anothers Respondents

JUDGEMENT

SRIRAMULU,J. - (1.) In these two writ petitions, the constitutionality of the order of the Registrar of Cooperative Societies, bearing No. 153772/70-R. I, dated 24-9-1970 made under Sections 21(e) and 21-A (1)(g) of the Andhra Pradesh Co-operative Societies' Act (VII) of 1964 (hereinafter called 'the Act'), declaring certain businesses as coming into conflict with the objects of types of Societies mentioned against them, is called in question.
(2.) The material facts in both the writ petitions are few and simple. Petitioners in both the Writ Petitions are the shareholders of 'Srikalahasti Co-operative Town Bank', Srikalahasti. The term of the Board of Directors of the said Bank expired on 30-9-1970. For electing 9 Directors to the Committee, elections, as duly notified, were held on 27-9-1970. Two Directors were elected on that date, and the remaining seven could not be elected for want of valid nominations. For electing the remaining seven Directors, elections were notified to be held on 25-10-1970. Nine nominations including those of the petitioners in both the Writ petitions, were received. After scrutiny of nominations, the Election Officer rejected the nominations of two persons, namely, Saman Yellappa Reddi, and Doraswami Naidu. Their nominations were rejected on the ground that those persons had acted as Directors for two consecutive terms and for that reason disqualified under Section 21(c) of the Act from contesting the elections. Those two persons, whose nominations were rejected by the Election Officer, filed a writ petition in this Court challenging the decision of the Election Officer rejecting their nominations under section 21(c) of the Act. This Court did not stay the elections. Elections were, therefore, duly held on 25-10-1970. Since there were seven valid nominations and seven Directors had to be elected, those persons including the petitioners in these two writ petitions, whose nominations were considered as valid, were duly declared elected as Directors. The persons whose nominations were rejected, filed an Election petition, O.P. No. 9 of 70, before the Election Tribunal, and in support of that petition, they filed and relied upon the order of the Registrar of Co-operative Societies, bearing No. 153772/70-RI, dated 24-9-1970 passed under Sections 21(e) and 21-A (1)(g) of the Act, declaring certain businesses as coming into conflict with the objects of the types of Societies mentioned against them. The Election Tribunal issued an injunction restraining the elected Directors, including the petitioners herein, from functioning as such. The petitioners averred that Respondent No. 2 was taking steps to disqualify the petitioners from being members or directors of the said Bank, on the grounds stated in his order dated 24-9-1970.
(3.) With these averments, the petitioners filed the above writ petitions for the issue of a writ of certiorari, for a declaration that the impugned order of the Registrar of Co-operative Societies is unconstitutional, unreasonable, illegal, void and discriminatory.;


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