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Andhra High Court · body

2002 DIGILAW 884 (AP)

Komaragiri Venkaiah v. Assistant Director of Fisheries

2002-07-17

V.ESWARAIAH

body2002
V. ESWARAIAH, J. ( 1 ) ALL the petitioners are said to be the residents of Intur village of Amrtuthlur Mandal, Guntur district. It is submitted that the area of operation of Intur village falls under the Amruthalur Yenadi Fishermen Cooperative Society and they were members of Amruthalur Yenadi Fishermen cooperative Society. The area of operation of the Amruthalur Yenadi Fishermen Cooperative Society covers the villages of Amruthalur, Intur, Panchalavaram and Malpur. The elections were held on 15-3-1999 and the second petitioner was elected as Director of the said society and it is stated that all the petitioners herein were members of the said society and hold membership which are in force and not cancelled at any point of time. ( 2 ) IT is submitted that the Assistant Director of Fisheries, Guntur and ex.-officio Deputy Director of Cooperative Societies by order dated 29-6-2000 in RC 89/c/97 under Section 15-A of APCS Act bifurcated the said society into two societies and the area of operation of the Intur village has been deleted from the said society and a separate society has been formed and registered as Intur Yerukala Fishermen Cooperative Soceity, Intur village, Amrtuthlur Mandal, Guntur district. ( 3 ) AFTER following the due procedure prescribed under law, by orders dated 29-2-2000, separate order has been passed under section 16 (2) of the Cooperative Societies Act retaining the area of operation of the Amrtuthlur Mandal, and Intur village has been deleted from the area of operation of the said society in view of the bifurcation of the said society. A separate registration certificate is also issued by orders dated 29-6-2000 under section 15 (A) read with Rule 15 (a) and Rule 9 (5) of the A. P. Cooperative Societies Act duly registering the Intur Yerukala Fishermen cooperative Society. The operative portion of the order reads as follows:"therefore by virtue of powers vested in me u/s. 16 (2) of the APCS Act, II of 1964, I Asst. Director of Fisheries and Ex. officio Deputy Registrar of cooperative societies, Guntur do hereby register the amendment to Byelaw No. 1 of the Amruthalur Yanadi Fishermen cooperative society Limited, deleting the Intur village from its area of operation of the society. The certificate of Registration is issued separately. " ( 4 ) FIRST respondent filed counter affidavit, stating that the total membership of the society is 218 with a water spread area of Ac. The certificate of Registration is issued separately. " ( 4 ) FIRST respondent filed counter affidavit, stating that the total membership of the society is 218 with a water spread area of Ac. 120. 45 and that after formation of Yerukala Fishermen Coop Society, Intur which is having water spread area of Ac. 41. 40 in 9 tanks situated in Intur village. It is further stated that there are 32 members at the time of formation of Yerukala Fishermen cooperative soceity, Intur. ( 5 ) THE said counter filed by the first respondent clearly shows that it is in contrary to his own bifurcation order dated 29-6-2000. In the bifurcation order, it is clearly stated that 45 members shall get transferred to the Intur Yerukala Cooperative society from the Amrtuthlur Mandal cooperative society and therefore under section 15-A (3) (v) of the Act, every member of the divided society and residing in the area so transferred shall be deemed to have been transferred together with his loans, share capital, deposits to the society to which the area is transferred and he shall have the same rights privileges and liabilities which has been there in the Amruthlur Cooperative society, thus the 45 members of the Intur village shall automatically be transferred along with their membership ,share capital, deposits, if any and they are entitlement to their rights , privileges and liabilities in the divided Intur Yerukala cooperative society. ( 6 ) MERELY because some members of the Intur village have made an application, the membership cannot be restricted to those persons alone but automatically membership of all the residents of the Intur village who are members of the parent society shall be transferred to the Intur Yerukala cooperative society. ( 7 ) MR. M. BHASKARA Chari appearing for 4th respondent submits that the petitioners have not filed any application for membership into the Intur cooperative society and they have not paid any membership fee and all the villagers of the Intur village cannot be treated as members of the Intur cooperative society. ( 8 ) LEARNED Government Pleader appearing for respondents 1 and 2 supports the contention of the 4th respondent. ( 9 ) I am unable to accept the said contention, as the same is contrary to Section 15-A (3) (v) of the act itself. ( 8 ) LEARNED Government Pleader appearing for respondents 1 and 2 supports the contention of the 4th respondent. ( 9 ) I am unable to accept the said contention, as the same is contrary to Section 15-A (3) (v) of the act itself. Once the area of operation of Intur Cooperative society has been deleted the members of the parent society who are the residents of the Intur village cannot continue in the parent society and their membership shall automatically, be transferred to the new society i. e. , in the present case Intur Yerukala Cooperative Society. ( 10 ) LEARNED counsel for the petitioner submits that without showing the names of the residents of Intur village in the electoral roll for conducting the elections of Intur cooperative society, election notification has been issued and therefore the said election notification is illegal, arbitrary and the petitioners are said to have been members of the parent society and residents of Intur village are entitled to participate in the elections scheduled to be held on 18-12-2002. ( 11 ) THIS Court while admitting the writ petition by order dated17-10-2001 granted interim direction permitting the petitioners to participate in the elections, which shall be subjected to the result in the writ petition. However, it is stated by learned counsel for petitioner as well as respondents that no elections were conducted and therefore the question of interfering with the election process does not arise. The only question that remains for consideration is as to whether the residents of Intur village who are the members of the parent society are entitled to be deemed to be the members of Intur cooperative society. ( 12 ) AS already stated above all the residents of Intur village who are erstwhile members of the parent society are deemed to be transferred to the Intur village Fishermen Co-op. Society and therefore the respondents are directed to verity membership of the residents of the Intur village of parent society before its bifurcation and to prepare the voters list for the purpose of conducting elections to the Intur cooperative society in accordance with law. ( 13 ) IT is not clear from the different proceedings dt 29-6-2000 as what is the total membership of the persons residing in Intur village are the members of the parent society. ( 13 ) IT is not clear from the different proceedings dt 29-6-2000 as what is the total membership of the persons residing in Intur village are the members of the parent society. The total members of the parent society is 218, but it is not shown as to what is the total membership in the parent society hailing from the area of operation of Intur village. Therefore, it is just and necessary for the authorities to verify the total membership of the persons of the residents of Intur village and the membership of all those members who are residing in the Intur village have to be transferred under Section 15-A (3) (v) of the A. P. C. S. Act. The respondents are accordingly directed to do so and complete the aforesaid exercise within two months from the date of receipt of this order. ( 14 ) ACCORDINGLY, the writ petition is disposed of. No costs.