Date of reserved for orders : Date of pronouncement : 10.07.2026 Date of uploading : 18.07.2026 APHC010328382026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY, THE 10th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17785/2026 Between: Balakrishna Nagar Fishermen Coop ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KOPPARTHI SUMATHI Counsel for the Respondent(S): 1. GP FOR ANIMAL HUSBANDARY WRIT PETITION NO: 5508/2025 Between: The Balakrishna Nagar Fishermen Cooperative Society, ...PETITIONER AND State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G VIJAYA BABU Counsel for the Respondent(S): 1. N SAI PHANINDRA KUMAR 2. GP FOR FISHERIES 2 WRIT PETITION NO: 20335/2024 Between: Vallepu Ramprasad and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. C K R ASSOCIATES Counsel for the Respondent(S): 1. GP FOR ANIMAL HUSBANDARY 2. GP FOR REVENUE 3. G VIJAYA BABU The Court made the following: 3 COMMON ORDER:- Heard Ms. M.Vidyavathi, learned Senior Counsel appearing for Ms. Kopparthi Sumathi, learned counsel for the petitioner, learned Government Pleader for Fisheries appearing for the respondents and Sri N.Sai Phanindra Kumar, learned counsel for the impleaded respondents. 2. Challenging the proceedings of the 5th respondent issued under Section 34 (1) of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, “the Act”), superseding the duly elected Managing Committee of the Society elected on 09.05.2023, the present writ petition is filed. The Managing Committee was elected for a 5-year term. The Committee consists of one President, one Vice President, a Secretary and two Directors. 3. It is contended by the learned Senior Counsel Ms. M.Vidyavathi appearing for Ms. Kopparthi Sumathi that the Managing Committee was elected in the elections conducted in accordance with law. The Managing Committee, which has assumed charge pursuant to a democratic mandate, cannot be dismissed, without there being any allegations referable to the provisions of Section 34 (1) of the Act. 4. The learned Senior Counsel Ms. M.Vidyavathi argues that the reasons mentioned in the impugned proceedings for the removal of the elected committee would not constitute valid grounds for invoking jurisdiction under Section 34(1) of the Act. The ground on which the elected committee was superseded was on the alleged ground that the Managing Committee did 4 not admit the new members as directed by respondents 5 to 7. It is argued that the society had to follow certain procedures for admitting the new members. On account of the fact that the procedure contemplated viz., conducting of skill test by a duly constituted Three Member Committee was not followed, therefore, the admission of new members was not accepted and a challenge was made to the same by way of a writ petition in W.P.No.5508 of 2025 and the said ground would not in any event constitute a valid ground for invoking the provisions of Section 34 of the Act. 5. Sri N.Sai Phanindra Kumar, learned counsel appearing for the impleaded respondents would argue that the Managing Committee of the Society had admitted certain ineligible members as the Members of the Society and persons who have died are also being continued as its members. The petitioner society refused to receive the applications in Form-J submitted by the respondent Nos.8 to 33. Therefore, they have approached the departmental authorities to receive their applications and conduct skill test. However, the petitioner society refused to admit the impleaded respondents Nos.8 to 33 as its members despite their applications have been processed by following the procedure and all of them have been qualified in the skill test conducted. Challenging the inaction of the respondents in conducting skill test at the relevant point of time, a writ petition in W.P.No.20335 of 2024 was filed. Subsequently, the skill test was conducted and they were qualified in the skill test. Referring to the provisions of Section 19 (2-A) of the Act, it is contended that despite the applications in the prescribed format have been sent to the 5 office of the society by the department, no further action has been taken on the said applications. Therefore, the deeming clause under Section 19(2-A) of the Act would come into play. As their lawful claim was unheeded, the impugned orders were rightly passed. It is stated by the learned counsel Sri N.Sai Phanindra Kumar that challenging the inaction of the respondents in admitting the respondent Nos.8 to 33 as members of the society writ petition in W.P.No.20335 of 2024 was filed. 6. Considered the submissions. 7. The legislative intent of the enactment Andhra Pradesh Cooperative Societies Act, 1964, is to foster sharing, mutuality, and self-help, as enshrined under the Directive Principles of the State Policy (Article 43A), of the Constitution of India. The objects of the enactment would only be achieved when there is cooperative effort among the members, the governing committee, and the department, which are all stakeholders in furtherance of the objects of the enactment. The case on hand reflects non-cooperation among the stakeholders. 8. The proceedings of the respondent No.5 in issuing the impugned proceedings are not tenable. Having regard to the fact that the powers conferred on the respondents under Section 34 of the Act, should be cautiously exercised when it comes to dismissing an elected body, or dethroning the managing committee. Having regard to the provisions of Section 34 (1) of the Act, the invocation of the said provisions for supersession of an elected body, in the facts of the case, for an alleged act of not admitting 6 the members, in the absence of any other allegation against the petitioner society superseding the society for a period of two (2) years, is, in the considered view of this Court, a coercive measure, having regard to the fact that the conducting of skill test by the respondents was subject matter of the writ petition in W.P.No.5508 of 2025. 9. Likewise, the actions of the petitioner society are also reflection of non-cooperation with the official respondents. 10. Having regard to the same, the impugned proceedings of the 5th respondent in W.P.No.17785 of 2026, in No.1329/B/2025 dated 23.05.2026 issued under Section 34 (1) of the Andhra Pradesh Cooperative Societies Act, 1964, are set aside. The petitioner society in W.P.No.17785 of 2026 and the official respondents therein are directed to take all necessary steps for inducting the impleaded respondents 8 to 33 as Members of the petitioner society, in accordance with law, within a period of two (2) months from the date of receipt of the order. 11. With the above directions, the writ petitions (W.P.Nos.17785 of 2026, 5508 of 2025 and 20335 of 2024) are disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 10.07.2026 ANI 7 Whether the order is: Speaking ✓ Reasoned Reportable Non-reportable ✓ 8 192 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOs:17785 of 2026, 5508 of 2025 and 20335 of 2024 Dated: 10.07.2026 ANI