P.S. Narayana, J. - (1.) Heard Sri Nandigam Krishna Rao, learned counsel representing writ petitioner, learned Government Pleader for Cooperation and Sri B. Narayana Reddy, learned counsel representing respondents.
(2.) Takkalapally Gopal Rao, the writ petitioner, filed the present writ petition praying for a writ of Mandamus declaring the proceedings issued by the first respondent, dated 28.7.2009, in Rc.No.327/2009-C appointing respondents 3 to 5 as person in charge committee of the society on the basis of the alleged resignation submitted by the members of the society, holding the society as defunct, as illegal, arbitrary, unconstitutional and violative of principles of natural justice and against the powers vested in him under Section 32 (7)(a) of the A.P. Cooperative Societies Act, 1964 read with sub-rule (5) of Rule 23-AAA of the Andha Pradesh Co-operative Societies Rules, 1964, and consequently to set aside the same and pass such other suitable orders.
(3.) Sri Nandigam Krishna Rao, learned counsel representing the writ petitioner had taken this Court through the respective stands taken by the parties in the affidavit filed in support of the writ petition and also counter-affidavits and would maintain that in the light of Rule 23-AAA of the Andhra Pradesh Co-operative Societies Rules, 1964 (hereinafter in short referred to as "the Rules" for the purpose of convenience) the very action of submitting resignation letters being not in accordance with law, the proceedings are vitiated and, hence, the writ petition to be allowed. The learned counsel also had drawn the attention of this Court to Section 32 of the Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter in short referred to as "the Act" for the purpose of convenience) and would further maintain that even in the light of the same and also in the light of Rule 23 of the Rules, the impugned action cannot be said to be in accordance with law.;