A. NADAMUNI AND ORS. versus THE PROHIBITION AND EXCISE COMMISSIONER, NAMPALLY, HYDERABAD AND ORS.

A. NADAMUNI AND ORS. versus THE PROHIBITION AND EXCISE COMMISSIONER, NAMPALLY, HYDERABAD AND ORS.

Once the power of non-admission under Section 19 is conferred and delegated to the Superintendent of Excise, the power to remove a member on grounds of disqualification under Section 21 (as introduced and read with Rule 20) is encompassed therein, and no express separate conferment is necessary. The High Court's view is not vitiated by error of law.

Parties
Petitioners: A. Nadamuni and Ors.; Respondents: The Prohibition and Excise Commissioner, Nampally, Hyderabad and Ors.
Jurisdiction
India
Judgment Date
13 January 1997
Procedural Posture
Special Leave Petition (civil) / Final Disposition by Supreme Court
Outcome
Special Leave Petition dismissed.
Legal Topics
Delegation of Powers, Membership of Cooperative Societies, Disqualification of Society Members
Administrative Law Cooperative Societies Law Delegation of Powers Membership of Cooperative Societies Disqualification of Society Members

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Parties

A. Nadamuni and Ors.

Petitioners

The Prohibition and Excise Commissioner, Nampally, Hyderabad and Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether the Superintendent of Excise, who is also the Registrar for certain purposes under the Andhra Pradesh Co-operative Societies Act, 1964, has the power to disqualify and remove members from a Toddy Tappers Co-operative Society.

Ratio Decidendi

Once the power of non-admission under Section 19 is conferred and delegated to the Superintendent of Excise, the power to remove a member on grounds of disqualification under Section 21 (as introduced and read with Rule 20) is encompassed therein, and no express separate conferment is necessary. The High Court's view is not vitiated by error of law.

Court Disposition

Special Leave Petition dismissed.

Orders

  • Petition dismissed.