V. V. S. RAO, J. ( 1 ) THE petitioner is a member of Fishermen co-operative Society, Surepalli. In the Gram sabha Meeting held on 3-11-2000, eighteen ineligible members of the Society were identified. First respondent therefore issued proceedings dt. 27-4-2001 removing the ineligible members from the Society. The same was affirmed by Government of andhra Pradesh by order dt. 27-9-2001. Aggrieved by the same, eleven persons filed writ Petition No. 22603 of 2001. This court by judgment dt. 26-12-2001 in w. P. Nos. 22603 and 25132 of 2001 set aside the order of first respondent on the ground that as per amended sub-section (3) of Section 21 of the A. P. Co-operative societies Act, 1964 (for short, the Act) it is only the general body which can remove ineligible members and therefore first respondent has no jurisdiction to pass order of removal. The same has become final. ( 2 ) THE petitioner thereafter filed an application under Section 61 of the Act raising a dispute as to eligibility of some members of the Society. By order dt. 4-8-2003 first respondent, who is also functional Registrar of the Fishermen Cooperative societies, refused to exercise jurisdiction holding that he is bound by the orders of this Court made in W. P. Nos. 22603 and 25132 of 2001. Aggrieved by the same, petitioner preferred an appeal under section 76 (1) of the Act before the A. P. Cooperative tribunal, Warangal, which returned the appeal stating that the appeal is not maintainable as there is no order passed by first respondent. In this back ground, jurisdiction of this Court under Article 226 of the Constitution of India is invoked seeking a writ of Mandamus declaring the proceedings of first respondent dt. 4-8-2003 as illegal and arbitrary. ( 3 ) A counter-affidavit is filed at the preliminary stage itself by first respondent stating that he passed the impugned order keeping in view the order of this Court in w. P. Nos. 22603 and 25132 of 2001, dt. 26-12-2001. The contention raised in the counter-affidavit suffers from fallacy for the reasons as mentioned hereunder. ( 4 ) SECTION 19 of the Act deals with eligibility for membership subject to provisions of Section 21 of the Act. Subsection (3) of Section 21 of the Act it is the only general body which can refuse admission to membership to any person for sufficient reasons. ( 4 ) SECTION 19 of the Act deals with eligibility for membership subject to provisions of Section 21 of the Act. Subsection (3) of Section 21 of the Act it is the only general body which can refuse admission to membership to any person for sufficient reasons. Any decision of a general body refusing admission is appealable before the A. P. Co-operative Tribunal, under section 76 of the Act. After a member is admitted, in case, he incurs disqualification during the subsistence of such membership prior to amendment by Act No. 22 of 2001, the power was conferred on the Registrar as per un-amended sub-sec. (3) of Section 21 of the Act which reads as under: 21 (3) Where any person, who is not eligible for being admitted as member has been admitted as member or where a member who is disqualified to continue as such under sub-section (1) continued as member he shall be removed, - (i) by the Registrar on his own motion or a representation made to him by any member of the society or its federal society or financing back; (ii) by the Committee of the society; provided that no member shall be removed under this sub-section unless he had an opportunity of making a representation against the proposed action and where the removal is sought to be made by the Committee, until the resolution of the committee is approved by the Registrar. The order of the registrar, or as the case may be, a copy of the resolution removing the member as approved by the Registrar, shall be communicated to such person and on such communication he shall be deemed to have ceased to be member of the society. ( 5 ) BY Act No. 22 of 2001 sub-section (3) was amended. After amendment, the same reads as under: 21 (3 ). Where any person, who is not eligible for being admitted as member has been admitted as member or where the member who is disqualified to continue as such under sub-sec. (1) is continued as member, he shall be removed by the General body on its own motion or on a representation made to it by any member of a society or its federal society or its financing bank: provided that no member shall be removed under this sub-section unless he had an opportunity of making a representation against the proposed aclion. A copy of the resolution removing the member shall be communicated to such person and on such communication, he shall be deemed to hav ceased to be a member of the society. ( 6 ) THE amendment came into force with effect from 25-4-2001. Therefore, in the first round of litigation, this Court having regard to the fact that first respondent passed orders removing alleged ineligible members on 24-7-2001 after coming into force of amended sub-section (3) of Section 21 of the Act declared the proceedings of the assistant Director of Fisheries as without jurisdiction. However, it does not result in divesting the powers of the functional registrar, in this case, Assistant Director of fisheries, in discharging powers under section 61 of the Act. ( 7 ) SECTION 61 of the Act contains procedure for resolution of disputes inter alia among members, past members and persons claiming to be members, and between member and the society, etc. The petitioner being member of the Society, which is not denied, he is given a right to go before the Registrar (Arbitrator) under section 61 of the Act and raise dispute about the ineligibility of those eighteen members. First respondent lost sight of this and merely rejected the reference stating that he is bound by the judgment of this Court in earlier round of litigation. As observed by me hereinabove, in the first round of litigation, having regard to amended Section 21 (3) of the Act this Court declared the order of first respondent as illegal and without jurisdiction. The same cannot and does not amoont to prohibiting first respondent from exercising jurisdiction vested in him under Section 61 of the Act. ( 8 ) IN the result, for the above reasons, the writ Petition is allowed and the matter shall stand remitted to first respondent with a direction to entertain the application filed by petitioner under Section 61 of the Act and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order.