Andhra Pradesh High Court
Judges : S.R.SINHA, V.V.S.RAO
J.Satya Babu - Appellant
Versus
Bhimavaram Co.op.Urban Bank Ltd., bhimavaramQ - Respondent
Decided On : 10-10-01
A. P. Co-operative Societies Act, 1964 - Section 31 (2) (b) and 32 (7) (a) - Rules, 1964 - Member of Election – Qualified and Disqualified - Appeal which arises out of an order passed by single Judge of this Court in Writ petition - Writ petitioner respondent filed aforementioned writ petition praying for a direction to official respondents to initiate process of election to board of management of Co-operative Urban Bank and for a further direction to appoint existing members of board of management as persons-in-charge in accordance - Respondent is a Co- operative Urban Bank registered act - Term of managing committee expired - For relief stated supra Bank filed writ petition wherein an interim order was passed on directing official respondents to consider existing members of board of Management as persons-in-charge as per of Act if such member/ members are eligible to be so considered and have not suffered any disqualification - Held, Right of a person either to vote or to file nomination must in extraordinary circumstances be taken to be date specified in notification issued by competent authority - Right of person to participate in election as existing on such date therefore in our consider view must be determined as on such as notified and not thereafter - Date of notification therefore would be a crucial date for aforementioned purpose - By reason of the stay granted by this Court in notification was not stayed but merely holding of election pursuant thereto was stayed - In any event voters are not before Court and as such they cannot be made to suffer for issuing aforementioned order of stay - As soon as order was passed declaring that said interim order - Writ appeal dismissed (Para 14)
( 1 ) A short but interesting question of law is involved in this writ appeal which arises out of an order dated 2-8-2001 passed by a learned single Judge of this Court in Writ petition No. 9373of 2000.
( 2 ) THE writ petitioner - first respondent herein filed the aforementioned writ petition praying for a direction to the official respondents to initiate the process of election to the board of management of the bhimavaram Co-operative Urban Bank and for a further direction to appoint the existing members of the board of management as persons-in-charge in accordance with the provisions of Section 31 (2) (b) and 32 (7) (a) of the A. P. Co-operative Societies Act, 1964 ( the Act for brevity ).
( 3 ) THE basic fact of the matter is not in dispute. The first respondent is a Co- operative Urban Bank registered under the act. The term of the managing committee expired on 8-6-2000. For the relief stated supra, the Bank filed the writ petition wherein an interim order was passed on 6-6-2000 directing the official respondents herein to consider the existing members of the Board of Management as persons-in-charge as per section 32 (7) (a) of the Act if such member/ members are eligible to be so considered and have not suffered any disqualification. The said writ petition was disposed of by an order dated 2-8-2001 directing the official respondents to continue the election process forthwith from the stage where it had been interdicted by the Court and complete the same as early as possible. Pursuant to or in furtherance of the aforementioned direction, the District Election Authority issued a notification appointing an Election Officer on 14-6-2000. One of the members of the managing committee, namely, M. Venkata ramana Rao, however, filed a writ petition which was marked as W. P. No. 11240 of 2000 praying therein that elections be not held till identity cards are issued in terms of the directions of the Registrar of Co- operative Societies, dated 9-5-2000. In the said writ petition, an application for interim order was filed which was marked as wpmp. No. 14299 of 2000 and by an order dated 28-6-2000, an interim direction was issued to implement the Circular dated 9-5-2000 by deferring the election process. The said writ petition was allowed by an order dated 28-7-2000. A second notification was, however, issued on 28-2-2001 upon complying with the order in the writ petition. A notification was also issued on 15-3-2001 by the Election Officer upon publication of the voters list. Nominations were received, they were scrutinised and some of them were ignored. 1-4-2001 was the date fixed for holding the election and 2-4-2001 was the date fixed for counting of votes and declaration of results. The State, however, in the meantime enacted A. P. Co-operative societies Amendment Act, 2001 (Act No. 22 of 2001) which received the assent of the governor on 24-3-2001 and published in the gazette on 24-3-2001. Again a writ petition being W. P. No. 15278 of 2001 was filed by some of the members of the managing committee inter alia praying for a direction upon the respondents not to hold election till the judgment in Writ Petition No. 11240 of 2000 is implemented. On 23-3-2001, in wpmp. No. 6734 of 2001, this Court issued an interim direction staying the election. However, on 19-6-2001, it was observed that the said interim direction had abated. Again the Election Officer was asked to continue the olection process by the District Authority on 15-9-2001 wherefor the election schedule was declared on 27-9-2001. It is not in dispute that total voters who were eligible to vote were found to be 15, 464. The writ petition was disposed of directing: subsequently, by an order dated 19-6-2001, this Court vacated the interim order as the stay granted was abated in view of the provisions of article 226 (3) of the Constitution. In view of the same, the election process, which was commenced by virtue of election notification dated 15-3-2001 has
M.A.R.V.S.SAI BABA Vs COMMISSIONER AND REGISTRAR OF CO OP. SOCIETIES, GOVERNMENT OF A.P., HYDERABAD
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