Andhra Pradesh High Court – Amravati
Hindustan Shipyard Staff Cooperative … vs The State Of Andhra Pradesh on 12 June, 2025
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE No.: W.P.No.14230 of 2025
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
1. 12.06.2025 KM, J
W.P.No.14230 of 2025
Notice before admission.
Learned Government Pleader for
Cooperation takes notice on behalf of respondent
Nos.1 to 6.
Learned counsel for the petitioner is
permitted to take out personal notice to
respondent Nos.7 and 8 by Registered Post with
Acknowledgment Due and file proof of service in
the Registry.
List on 03.07.2025 for counter of the
respondents.
I.A.No.1 of 2025
Heard the submissions of the learned for
the petitioner and the learned Government
Pleader for Co-operation appearing for
respondent Nos.1 to 6.
It is contended by learned counsel for the
petitioner that the order impugned in the Writ
Petition is without jurisdiction having regard to
the provisions of Section 34 of the AP
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Co-operative Societies Act, 1964 (for short ‘the
Act’). The said order is passed by the Deputy
Registrar of Co-operative Societies which is in
contravention of Section 34 of the Act. As per the
Act, the Registrar is the competent authority to
pass such an order.
It is further contended by the learned
counsel for the petitioner that the impugned order
is passed without affording an opportunity of
hearing the petitioner and without considering the
objections raised by the petitioner.
Learned Government Pleader for
Co-operation contended that the impugned order
is passed in accordance with law and warrants
no interference.
Perused the record.
As per Section 34 of the Act, the authority
has to specify the time period, while appointing a
Special Officer. The said provision reads as
under:
“34. Supersession of the committee.
(1) If in the opinion of the Registrar,
the committee is not functioning properly or
wilfully disobeys or fails to comply wilfully
with any lawful order or direction issued by
the Registrar under this Act or the rules, he
may, after giving the committee an
opportunity of making its representation, by
order supersede the committee from a
specified date; and appoint either a person
(hereinafter referred to as the special
officer) or a committee of two or more
persons (hereinafter referred to as the
3managing committee) to manage the affairs
of the society for a period not exceeding
two years, specified in the order which
period, may, at the discretion of the
Registrar, be extended from time to time, so
however, that the aggregate period shall
not exceed three years.
(2) [xxx]
(3) The special officer or the managing
committee shall, subject to the general
control of the Registrar and to such
directions as he may from time to time,
give, have power to exercise all or any of
the functions of the committee or of any
officer of the society.
(4) The Registrar may fix the remuneration
payable to the special officer or the
managing committee. The amount of
remuneration so fixed and such other
expenditure incidental to the management
of the society during the period of the
supersession as may be approved by the
Registrar shall be payable from the funds of
the society.
(5) At the expiration of the period of
appointment of the special officer or the
managing committee, the Registrar shall
arrange for the calling of a general meeting
for the election of a new committee in
accordance with the provisions of sub-
section (5) of Section 32.
(6) Where a society is indebted to any
financing bank, the Registrar shall, before
taking any action under sub-section (1) in
respect of that society, consult the financing
bank.”
However, as seen from the impugned
order, respondent No.3 has not specified the
specific period for which the Special Officer is
being appointed to conduct the affairs of the
petitioner-society.
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The relevant portion of the impugned
order reads as under:
“….by appointing Sri G.V.Adhinarayana,
Senior Inspector, Sub-Division,
Visakhapatnam as Special Officer to
manage the affairs of the Society till further
orders of the undersigned authority. The
Special Officer shall discharge the functions
strictly in accordance with the Byelaws and
AP Co-operative Societies Act and Rules,
1964 from time to time.”
Prima facie, this Court finds that the
impugned order is not in accordance with the
provisions of Section 34 of the Act.
In view of the above, there shall be interim
suspension as prayed for.
________
KM, J
Pab/MP
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