A. Nadamuni
& Ors Vs. The Prohibition & Excise Commissioner, Nampally, Hyderabad & [1997] INSC 31 (13 January 1997)
K.
RAMASWAMY, G.T. NANAVATI
ACT:
HEAD NOTE:
O R D
E R
This special leave petition has been filed against the Order of the
Division Bench of the Andhra Pradesh, made on December 13, 1996 in Writ Appeal No. 1437/96 confirming the judgment of the
learned single Judge, dated December 4, 1996
in Writ Petition No. 11385/96.
The
only question for our consideration is: whether the Superintendent of Excise
who is also Registrar for certain purposes of Andhra Pradesh Co-operative
Societies Act, 1964 (for short, the 'Act') has the power to disqualify an
existing member of the Srikalahsthi Toddy Tappers Co- operative Society? The
object of the Society is to ameliorate the economic conditions of tappers by
providing them means of livelihood by tapping the Toddy tress allotted by the
Excise authorities. The provisions of the Act, the rules made thereunder and
the by-laws of the Society regulate the admission of the members. The toddy tappers
Co- operative Society should consist of members who are really and actually in
the avocation of tappers and are allotted Palmera trees for tapping toddy as
their sources of livelihood. On a complaint that non-tappers were admitted and
are members of the Society at the behest of a member, a writ petition came to
be filed in the High Court. Pursuant to an interim direction given by the High
Court to conduct tapping test, the competent officers conducted the same in
that behalf. The authorities came to conclude that the petitioners were not the
tappers as they did not fulfil the condition of the tapping experience etc, and
accordingly were removed from the membership which decision was confirmed by
the High Court in the writ petition as also in appeal.
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