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2001 DIGILAW 100 (AP)

Manthena Suryanarayana Raju v. President, The Kopalle Co-op. Rural Bank Ltd.

2001-02-05

S.B.SINHA, S.R.NAYAK

body2001
SATYABRATA SINHA, C. J. ( 1 ) HAVING heard the learned Counsel for the parties, we are of the opinion that the purported order passed by the General manager of the Financing Bank deputing the fifth respondent as the Secretary in the first respondent-Bank cannot be sustained since it has not been passed by the Registrar of the Co-operative Societies. The Cooperative societies, in the State of Andhra pradesh, are governed by a statute, viz. , a. P. Co-operative Societies Act, 1964, and the statutory functionaries must act within the four corners of the statute. If there does not exist any provisions in the statute, then the Financing Bank can depute any other person at the request of. another Cooperative society. We are, therefore, of the opinion that the order appointing the fifth respondent as the Secretary of first respondent-Bank cannot be sustained. ( 2 ) FOR the aforementioned reasons, the impugned order under appeal passed by the learned Single Judge cannot be sustained. It is accordingly set aside. ( 3 ) THE appeal is allowed. This order, however, shall be subject to any further orders that may be passed by the competent authority. There shall be no order as to costs.