Andhra Pradesh High Court - Amravati
Pepakayala Vishnu Murthy vs The State Of Andhra Pradesh, ... on 26 August, 2021
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO. W.P.No.16879 of 2021
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
04 26.08.2021 MVR,J
Heard Sri V.V.N.Narayana Rao, learned counsel
for the petitioner and learned Government Pleader for
Agriculture and Cooperation.
The petitioner is contending that he be appointed
as Chairperson of 4th respondent-Society replacing the
5th respondent, who is now the Chairperson as per
impugned G.O.Rt.No.451, Agriculture & Cooperation
(Coop.II) Department, dated 16.07.2021, on the premise
that he was earlier elected Chairperson of the same
Society and after completing two terms, he was
continued in the same capacity, as per proceedings of
the Deputy Registrar of Cooperative Societies,
Rajamahendravaram, East Godavari District, in
Rc.No.105/2018-E1, dated 31.07.2019, that was
extended later by two other proceedings till 30.01.2021.
Sri V.V.N.Narayana Rao, learned counsel for the
petitioner, contends that, on account of the election
code, the term of the petitioner could not be continued
and, therefore, an official person-incharge was made to
attend the affairs of this society till the impugned G.O.
was issued on 16.07.2021 and till the 5th respondent
assumed office. Referring to order of this Court in
I.A.No.1 of 2019 in W.P.No.14826 of 2019, dated
26.09.2019, which inturn relied on in another judgment
of this Court in Gottipati Rama Rao and others vs.
Special Cadre Deputy Registrar and others
(1991(3)ALT 532), the learned counsel contended that
this question of continuance of the petitioner is no
longer res integra and it was later on followed and
applied in other writ petitions.
However, finding that there was break in
continuity of the term of the petitioner after
30.01.2021, since an official of Cooperative Department
was placed in charge of the society till the impugned
contd...
G.O.was issued, in the facts and circumstances, it is
desirable to direct the same officer of the Cooperative
Department, who was earlier in-charge of the 4th
respondent society, to manage the affairs of the
society. The impugned G.O. prima facie indicates that
no reasons as such are assigned to cut-short the tenure
of the official person-in-charge and place the 5th
respondent and two others as the Chairperson and
persons-in-charge of the society and as non-official
persons incharge, stated to be for the residual period.
Therefore, in the circumstances, the impugned
G.O.Rt.No.451 dated 16.07.2021 shall be suspended as
an interim measure, by calling the respondents 1 to 3 to
file their counters, while directing notice to respondents
4 and 5.
Notice before admission.
Personal notice is permitted.
Accordingly, there shall be interim suspension of
impugned G.O.Rt.No.451, Agriculture & Cooperation
(Coop.II) Department, dated 16.07.2021, until further
orders.
The 3rd respondent is directed to make necessary
arrangements, placing the same officer of his
department, who was incharge of the society, to look
after and manage the affairs of the society, as person
in charge, until further orders.
List on 14.09.2021.
_____
MVR,J
Note: Issue C.C.by tomorrow
b/o
RR
