K ANJANEYULU Vs. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES
HIGH COURT OF ANDHRA PRADESH
DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES
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(1.)This is a writ petition questioning the impugned order which was passed fay the first respondent herein, purporting to exercise his power under Section 21-A(1) (b) of the Andhra Pradesh Co-operative Societies Act, 1964 read With Rule 24(1)(b) of A.P. Co-operative Societies Rules, on the 'ground that 'the petitioner who is presently elected as the President of Yellampaily Primary Agricultural Co-operative Credit Society was in default of payment of money on the date of filing of the nomination and thus incurred disqualification for Membership of Society and ultimately the Presidentship also.
(2.)It is stated that the petitioner had availed the loan facility from the erstwhile Primary Agricultural Development Bank, Kadiri, and that the same was merged With Anantapur District Co-operative Central Bank Limited. The entire loan Was not remitted back by the petitioner and there was'balance payable, but the petitioner states that he was under the bona fide impression that the same was waived under the Loan Waiver Scheme. But, when he came to knew about the fact that the same was 'not waived under the Loan Waiver Scheme, he remitted the balance of amount on 25-l-1992 to the credit of the Society in question and the skid remittance fs not in dispute.
(3.)The contention raised both by the first respondent as also the impleaded respondent is that as the" petitioner was 'in default on the date of his filing nomination for the post of President of the Society, he was disqualified as on that date'and that consequently, his election also stands cancelled automatically. Mr.C. Sadasiva Reddy, the learned counsel for the petitiorier, contends that inasmuch as noobjections were raised during the scrutiny of nominations' and as there was also no due certificate issued and as he was duly declared to have been elected and as the same was not challenged befofre the Election Tribunal as contemplated under the statute, the said election has become final and that the same cannot be annulled under the guise of declaring the petitioner as a defaulter as on 25-1-1092.
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