P ANJA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH
LAWS(APH)-1992-10-36
HIGH COURT OF ANDHRA PRADESH
Decided on October 01,1992

P.ANJA REDDY Appellant
VERSUS
GOVERNMENT OF A.P. Respondents




JUDGEMENT

- (1.)In this writ petition, the provision contained under Rule 23-AAA of A.P. Co-operative Societies Rules introduced by amendment by way of subordinate legislation is questioned as being ultra vires to the fundamental rights under Articles 14 and 16 of Constitution of India and consequently to declare the impugned order dated 14-9-1992 passed by the Deputy Registrar of Co-operative Societies, Vikarabad Division, Rangareddy District, the third respondent herein, accepting the resignations of six members of the Managing Committee of Angadi Chittampally Primary Agricultural Co-operative Society Limited, Pudur as illegal.
(2.)At the out-set the attack on the touch stone of Article 16 of Constitution of India fits rejection as the same is quoted absolutely out of context. The contention on the basis of Article 16 of Constitution of India is totally unfounded and not relating to the lis even remotely.
(3.)Coming to the conclusion on the touch stone of Article 14 of Constitution of India, it is submitted by Mr. P. Srinivas, the learned counsel for the petitioners, that Rule 23-AAA of A.P. Co-operative Societies Rules (in brief 'the rules') inserted by an amendment investing the Registrar with the power of acceptance of resignation is arbitrary infracting the clauses of equality before law and equal protection of law guaranteed under Article 14 of Constitution of India.
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