Sri. Venkateswara Inland Fisheries Co-operative Society vs Assistant Director of Fisheries-cum-Deputy Registrar of Co-operative Society, Vizianagaram and others

Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.

This writ petition has been filed challenging the letter of the first respondent-Assistant Director of Fisheries (Deputy Registrar) Vizianagaram, dated 23-4-1998. By this letter, the petitioner was asked to admit six fishermen to the Society and J-Forms were also sent. Reference was given to certain earlier communications and it was stated that as a last chance the J-Forms and bank receipts are being sent and orders should be obeyed and in case of disobediences of the orders, the Society shall be suspended u/s 34(1) of the A.P. Co-operative Societies Act. The Court had granted stay. Though vacate stay petition has been filed, arguments were addressed on the main writ petition itself and therefore the main writ petition itself is disposed of.

u/s 19 (2-A) of the A.P. Co-operative Societies Act, the Registrar can receive applications for membership and these applications can be forwarded to the Society. From bare perusal of Section 19(2-A), (2-B) and (3) of the Act, it is clear that the Registrar does not have the absolute power of admitting any member to the Society, but if an application is forwarded by him to the Society, on receipt of such application by the Officer of the Society, the person is deemed to be a member. But still a member cannot be enrolled if the Society does not want to, which is laid down by sub-section (3) of Section 29 of the Act -''admissions can be refused by giving reasons''. Therefore, in the present context, the petitioner-Society was free to either admit the persons referred to as members or pass a resolution rejecting their applications for membership by giving reasons in accordance with the bye-laws. Therefore, there was no occasion for the petitioner to come to this Court because it was for the petitioner-Society to decide whether to admit new members or not. But at the same time, this Court wants to place on record that there was no occasion for the Registrars also to threaten the action u/s 34(1) of the Act. He could only send the forms and the applications to the Society for being registered as members. In case of failure by the Society for valid reasons, there could not be any action u/s 34(1) of the A.P. Co-operative Societies Act.

With this observation, the writ petition is disposed of. No costs.