APHC010414112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21158/2025 Between: 1. MANGENA SIMHADRI, S/O LATE NAGABHUSHANAM, AGE ABOUT 62 YEARS, OCC ADVOCATE, R/O D.NO.4- 172, MANGENAVARI STREET, LAKKAVARAM, MALKIPURAM MANDAL, BR.AMBEDKAR KONASEEMA DISTRICT. 2. MUDUNURI VISHNUMURTHY RAJU, S/O SURAPARAJU, AGE ABOUT 75 YEARS, OCC CULTIVATION AND EX- PRESIDENT OF PACS LAKKAVARAM, R/O D.NO.5-231, MUDUNURIVARIKODU, LAKKAVARAM, MALKIPURAM MANDAL, BR.AMBEDKAR KONASEEMA DISTRICT. 3. KATTA PEDDI RAJU, S/O SWAMY, AGE ABOUT 55 YEARS, OCC CULTIVATION, R/O D.NO.3-54, SREERAMNAGAR COLONY, LAKKAVARAM, MALKIPURAM MANDAL, BR.AMBEDKAR KONASEEMA DISTRICT. 4. MUSKUDI VENKAT RAO, S/O BALUSULU, AGE ABOUT 60 YEARS, OCC BUSINESS, R/O H.NO. 1-100, Y.V.REDDY ROAD, LAKKAVARAM, MALKIPURAM MANDAL, BR.AMBEDKAR KONASEEMA DISTRICT. 2 5. MANGENA VENKATESWARA SWAMY, S/O LATE NAGESWARA RAO, AGE ABOUT 62 YEARS, OCC CULTIVATION, R/O D.NO.4-26, LAKKAVARAM CENTRE, MALKIPURAM MANDAL, BR.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE A P, REP.BY ITS PRINCIPAL SECRETARY, CO-OPERATIVE (SOCIETIES) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, B.R.AMBEDKAR KONASEEMA DISTRICT AT AMALAPURAM. 3. THE DIVISIONAL COOPERATIVE OFFICER, AMALAPURAM, BR.AMBEDKAR KONASEEMA DISTRICT. 4. THE LAKKAVARAM PRIMARY AGRICULTURAL CO OPERATIVE SOCIETY, NO.X116, LAKKAVARAM, MALKIPURAM MANDAL, BR.AMBEDKAR KONASEEMA DISTRICT. 5. GANTA VENKATA RAMA KRISHNA NAIDU, S/O NAGESWARA RAO, AGE ABOUT 52 YEARS, OCC BUSINESS, R/O LAKKAVARAM VILLAGE, BR.AMBEDKAR KONASEEMA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toTherefore it is prayed that this Honble Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of the Writ of Mandamus declaring the action of the 1st respondent in issuing 3 the GO.Rt.No.669, on 10-08-2025, appointing the 5th respondent as President of the 4th respondent society at Serial No.119 without Considering the resolution of the society members dated 27-12-2024 and the representation of the petitioners dated 16-07- 2025, as illegal, arbitrary and consequently set aside the GO.Rt.No.669,on 10-08-2025 in so far Respondent 5 is concerned and to pass such other order or orders as this Honble Court may deems fit just and proper in the circumstances of the case . Prayer is amended as per the Court's Order dt.09.09.2025 in I.A.No.02 of 2025. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents 1 to 3 not to finalise the appointment of the 5th respondent as present of the 4th respondent society, pending disposal of the above writ petition IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to permit the petitioners herein to amend the main prayer in WP.No.21158 of 2025 as “issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing the GO.Rt.No.669, on 10-08-2025, appointing the 5*'' respondent as President of the 4**^ respondent society without considering the resolution of the society members dated 27-12-2024 and the representation of the petitioners dated 16-07-2025, as illegal, arbitrary and consequently set aside the GO.Rt.No.669, on 10- 08- 2025, and to pass such other order or orders as this Hon’ble Court may deems fit just and proper in the circumstances of the case”. Instead of; “issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus 4 declaring the action of the respondent in proposing to appoint the 5 respondent as President of the 4*^ respondent society without considering the resolution of the members 4^^ respondent society dated 27-12-2024 and the representation of the petitioners dated 16-07-2025, as illegal, arbitrary and consequently direct the respondents 1 to 3 to consider the resolution of the members of the 4rt respondent dated 27-12-2024 and the representation of the petitioners dated 16-07-2025, and to pass Counsel for the Petitioner(S): 1. POLISETTY RADHA KRISHNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. P S P SURESH KUMAR 3. GP FOR COOPERATION The Court made the following: 5 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.21158 OF 2025 O R D E R: The present Writ Petition is filed questioning the action of Respondent No.1 in issuing G.O.Rt.No.669, dated 10.08.2025, appointing Respondent No.5 as president of Respondent No.4/Society, without considering the resolution of the society members dated 27.12.2024 and the representation of the Petitioners dated 16.07.2025, as illegal and arbitrary. 2. The Petitioners are members of Respondent No.4/Primary Agricultural Cooperative Society. It is submitted that the Government had appointed a three (03) men committee for the Cooperative Societies in the entire state and the members of the Respondent No.4/Society had conducted a General Body Meeting on 27.12.2024 and suggested two (02) names for Chairman Post and three (03) names for committee members. 3. It is further submitted that the Respondent No.5 is not a member of the Respondent No.4/Society at the time of passing of said resolution and in-spite of the same, Respondent No.5 6 was appointed as President of Respondent No.4/Society vide impugned proceedings. 4. The grievance of the Petitioners is that the Respondent No.5 is a person having a criminal background, and cheque bounce cases were registered against him vide First Information Report Nos.252 of 2021, 275 of 2021, 45 of 2022, 49 of 2023, and 56 of 2023 of Malikipuram Police Station and M.C.No.02 of 2023 under Section 107 of the Code of Criminal Procedure. 5. It is also stated that Respondent No.5 had filed O.S.No.23 of 2005 on the file of Principal District Judge, East Godavari, Rajamundry, based on a promissory note, and the learned District Judge, while dismissing the said suit on 31.10.2009, gave a specific finding that Respondent No.5 had created a forged and fabricated document. 6. Thereafter, an appeal vide A.S.No.772 of 2000 was filed by Respondent No.5 before this Court and the said appeal was dismissed for default. It is in that context, the appointment of Respondent No.5 was opposed as President of Respondent 7 No.4/Society. 7. Learned Assistant Government Pleader for cooperation would submit that registration of criminal cases for non-serious offences cannot be a bar for Respondent No.5 to be appointed as President. Learned Assistant Government Pleader further submitted that the criminal cases registered against Respondent No.5, which are referred to in the writ affidavit, pertain to cheque bounce cases, which are quasi-criminal cases, and M.C.No.02 of 2023 under Section 107 of the Code of Criminal Procedure is only a case to bind over Respondent No. 5, and the same cannot be considered as a serious offence. 8. Learned Assistant Government Pleader with regard to the findings of the Civil Court submitted that it is not a bar and has only a little consequence for the appointment of Respondent No.5 as president of Respondent No.4/Society. It was further submitted that there is no bar under the rules to prevent a person from being appointed as President on account of the pendency of non-serious criminal cases. 8 9. Heard the counsels. 10. There is no dispute to the fact that there is no provision restraining a person who is facing non-serious criminal cases from being appointed as President. In the absence of any legal bar, the objection of the Petitioners cannot be sustained. 11. Therefore, this Court does not find any merit in the Writ Petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 25.02.2026 chs 9 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 46 WRIT PETITION NO:21158/2025 Dt. 25.02.2026 chs