The Krishna District Milk Producers Mutually Aided Cooperative Union Limited vs The Andhra Pradesh Cooperative Tribunal & Ors.

Learned Senior Counsel appearing for the petitioner submits that the petitioner is a Cooperative Union of the Krishna District Milk Producers and is aggrieved by the orders passed by the Andhra Pradesh Cooperative Tribunal, Vijayawada in M.P.No.165 of 2026 & M.A.No.23 of 2025 filed in O.P.No.69 of 2025. It is the specific case of the petitioner that the stay petition filed by the respondents 2 & 3 before the Cooperative Tribunal was initially closed and after lapse of more than a year, M.P.No.165 of 2026 is filed to reopen the stay petition which was closed 1½ year back. The Tribunal had allowed M.P.No.165 of 2026 and having allowed the reopen petition had granted stay on the removal of the respondent Nos.2 and 3 from the petitioner – Society.

Aggrieved by these orders, the present writ petition is filed.

Learned Senior Counsel submits that the issue of disqualification of the member was challenged by the said member in the year, 2024 is under challenge in a separate proceedings and that, it is submitted that a similar challenge tothe orders rejecting the nomination of the member from contesting was also under challenge in the years, 2022 & 2023. It is also submitted that the Tribunal in the Appeal challenging the rejection of nomination of the member for the year 2022 elections delivered a judgment favourable to the union, by upholding the rejection of nomination.

It is submitted that the challenge to the rejection of nomination of the member in the year, 2023 was also considered by the Tribunal and in the said proceedings, the Tribunal had ruled in favour of the member setting aside the proceedings of the union in rejecting the nomination of the member.

It is submitted that OP.No.69 of 2025 is filed challenging the disqualification and removing the appellants therein as members of the union, the same is pending consideration. It is submitted that M.A.No.23 of 2025 was initially filed for seeking stay on the disqualification the appellant. It is submitted that M.P.No.165 of 2026 was filed to reopen M.A.No.23 of 2025. It is the specific case of the petitioner that the Tribunal had posted M.A.No.23 of 2025 for hearing on the very next date after allowing M.P.No.165 of 2026. It is submitted that the manner in which the M.P.165 of 2026 was allowed and posting M.A.No.23 of 2025 on the very next date at 10:30 A.M. and grant of stay on the impugned proceedings therein is under challenge before this Court.

Learned counsel for the respondents 2 & 3 submits that O.P.No.69 of 2025 is pending for consideration on merits. It is also submitted that the petitioner herein had appeared before the Tribunal and submitted the arguments. It is submitted that the Tribunal after considering the submissions of the parties has passed a well-reasoned order.

It is also submitted that M.P.No.165 of 2026 was filed as M.A.No.23 of 2025 was closed by the Tribunal without granting an opportunity of hearing either to the petitioner or to the respondents. It is submitted that O.P.No.69 of 2025 would have to be decided on merits and that the petitioners therein have completed their arguments and the matter is posted for hearing the respondents therein.

Heard the learned counsel for the petitioner and the learned counsel for the respondents 2 & 3.

The short point for consideration is whether this Court can interfere in the impugned orders referred to in the writ petition. The Tribunal having heard the petitioners therein shall have to conclude the hearing of O.P.No.69 of 2025 on merits and accordingly dispose the OP.No.69 of 2025 on its own merits. No grounds are set out for interfering with the impugned orders in the writ petition and the substantive issue is pending consideration in OP.No.69 of 2025. All grounds raised on merits in O.P.No.69 of 2025 before this Court may be raised before the Tribunal as and when the matter is taken up for hearing.The Tribunal shall consider O.P.No.69 of 2025 on its own merits preferably within a period of six (06) weeks from the date of receipt of the order.

With these observations, this Writ Petition is disposed off. No order as to costs.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.