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Andhra Pradesh High Court
Judges : B.P.JEEVAN REDDY, SRIRAMULU
M.Ranga Reddy - Appellant
Versus
State - Respondent
Decided On : 06-23-87
CO-OPERATIVE SOCIETIES - ELECTIONS - CONDUCT OF - DELAY IN HOLDING ELECTIONS - GOVERNMENT SOUGHT TO INTRODUCE SINGLE WINDOW SYSTEM - AMENDMENT ACT EXTENDED TIME FOR HOLDING ELECTIONS - COURT DIRECTED TO CONDUCT ELECTIONS - GOVERNMENT APPROACHING LEGISLATURE TO EXTEND TIME FOR HOLDING ELECTIONS - LEGISLATURE EXTENDED TIME FOR HOLDING ELECTIONS - WRIT PETITIONS CHALLENGING CONSTITUTIONAL VALIDITY OF AMENDMENT ACT - COURT HELD THAT LEGISLATURE WAS NOT COMPETENT TO EXTEND TIME FOR HOLDING ELECTIONS - COURT FURTHER HELD THAT AMENDMENTS BROUGHT ABOUT IN SECTION 15-A OF THE ACT WERE NOT VOID - WRIT APPEALS DISMISSED.
Fact of the Case:
The Government of Andhra Pradesh issued an Ordinance postponing the elections for six months, and directing further that "in the interest of holding free and fair elections, promoting healthy growth of co-operative movement, to expedite the audit of accounts and finalisation of misappropriation cases, it is felt that official persons in charge may be appointed instead of extending the term of the existing managing committees." This Ordinance was challenged in this court in several writ petitions. In W. P. M. P. No. 3465 of 1985 etc. in W. P. No. 2579 of 1985 etc. one of us (Jeevan Reddy) on 2-4-1985 suspended the said instructions (contained in the said Ordinance)., On 22-4-1985 the Government of Andhra Pradesh issued Ordinance No. 4 of 1985. Section 35 of the Ordinance provided that "notwithstanding anything in any judgment, decree, or order of any Court or Tribunal or other authority to the contrary, the committee which is constituted before the commencement of Andhra Pradesh Cooperative Societies (Amendment) Ordinance, and continuing as such at such commencement after the expiry of its term or the extended term, if any, shall on such commencement cease to function and all the members thereof shall be deemed to have vacated their offices and elections to societies shall be held by the Registrar within a period of six months from the date of commencement of the said Ordinance in accordance with the provisions of the Act and the Rules made thereunder." This was followed by another Ordinance, being Ordinance No. 6 of 1985, issued on 13-5-1985. By virtue of this S. 35 of Ordinance No. 4 of 1985 was amended to provide that "elections to societies shall be held by the Registrar within a period of six months from the date of commencement of the said ordinance in accordance with the provisions of the principal Act and the Rules made thereunder." Both these Ordinances were replaced by A. P. Co-operative Societies (Amendment) Act, No. 21, 1985. In other words, by virtue of these Ordinances, which in turn were replaced by the Amendment Act, all the elected committees were sent out of office and was promised that the elections will be held within six months from 22-4-1985. In other words, elections in accordance with the provisions of the Act and the rules were promised to be conducted on or before 22-10-1985. No elections were, however, held.
Finding of the Court:
1. The Government violated the spirit and scheme of the Act by not holding elections on the expiry of the terms of the committees in Sept. /oct. 1984. 2. Government s antipathy towards the elected committees : having not held the elections and having thereby acted contrary to the spirit and scheme of the Act, the Government has been taking several steps for sending the elected committees out of office, so as to enable it to appoint petty officers belonging not only to co-operative Department but to other departments as well, as official persons in charge of these societies. 3. Violation of Legislative command : ordinances 4 and 5 of 1985 enacted Amendment Act 21 of 1985,, directed that the elections shall be held on or before 22-10-1985. This was an amendment introduced by the Government itself. This legislative command was simply ignored. By virtue of the 1987 Amendment Act, passed in Jan. 1987, the Government got the said time limit extended up to the end of June, 1987. 4. Government s disobedience and disregard to the directions of this court issued under Art. 226 of the Constitution and violation of solemn assurances given to this Court : this is too self-evident and needs no repetition. The last direction was to hold and complete the elections on or before Jan. 26, 1987, which was modified to say that the election process should start as soon as the N. G. Os. strike is over. But the time schedule already fixed was directed to be adhered to. The Government just ignored these directions. It did not choose to apply for extension of time ; it never thought it, fit to tell this court that the Legislature has passed the 1987 Amendment Act; that for certain reasons, if any, elections cannot be held as directed by this Court, and that, therefore, time should be extended.
Issues: None
Ratio Decidendi: 1. The Government cannot violate the spirit and scheme of the Act by not holding elections on the expiry of the terms of the committees. 2. The Government cannot take several steps for sending the elected committees out of office, so as to enable it to appoint petty officers belonging not only to co-operative Department but to other departments as well, as official persons in charge of these societies. 3. The Government cannot ignore the legislative command and extend the time for holding elections. 4. The Government cannot disobey and disregard the directions of this court issued under Art. 226 of the Constitution and violate solemn assurances given to this Court.
Final Decision: Writ appeals dismissed.
( 1 ) THESE Writ Appeals are but links in a chain of writ petitions filed in this court to compel the Government and its officers to hold elections to the Committees of 7,000 primary Level Co-operative Societies in this State. The prayer in these writ petitions is no doubt different, but they manifest the ongoing struggle between the societies and the State.
( 2 ) AMONG the several categories of societies, Credit Societies constitute one category. These credit Societies cater to the needs of agriculturists all over the State. Until recently there were two types of Credit Societies one for extending short term and the other for long-term loans. Primary agricultural Co-operative Societies about 7,000 in number provide short term credit to their members. Above these Primary Agricultural Co-operative Societies were 27,000 District Co-operative Central Banks, with the State Co-operative Central Bank at the apex. So far as long-term credits are concerned there were Primary Agricultural Land Mortgage Banks, which were subsequently designated as primary Agricultural Development Banks. They are 218 in number, and mostly they operate at Taluk level. Above these 218 Agricultural Development Banks was the State Cooperative Agricultural Development Bank the Apex Bank.
( 3 ) ELECTIONS to Primary Agricultural Cooperative Societies were held in 1981. The term of the committees elected was three years, which was expiring in 1984. On 4-8-1984 the Government issued a Memo No. 41090 (Co-op), directing the conduct of elections to elect new committees. On 20-9-1984, however, the Registrar of Co-operative Societies telegraphically instructed all the Collectors to appoint official persons in charge in place of elected committees, in as much as the term of the elected committee is over. These instructions were challenged by several societies in this court by way of Writ Petitions. This court suspended the said instructions. Thereupon, the Government issued G. O. Ms. No. 1614 dated 9-4-1984 extending the term of the managing committees of various societies for a period of three months. This period was extended further by another three months in G. O. Rt. No. 2029, dated 24-12-1984.
( 4 ) ON 15-3-1985 the Government issued G. O. Rt. No. 411 postponing the elections for six months, and directing further that "in the interest of holding free and fair elections, promoting healthy growth of co-operative movement, to expedite the audit of accounts and finalisation of misappropriation cases, it is felt that official persons in charge may be appointed instead of extending the term of the existing managing committees. The Registrar was directed to take appropriate action. This G. O. was challenged in this court in several writ petitions. In W. P. M. P. No. 3465 of 1985 etc. in W. P. No. 2579 of 1985 etc. one of us (Jeevan Reddy) on 2-4-1985 suspended the directions (contained in the said G. O. ). which are extracted hereinbefore, and added, "it is however made clear that this order does not preclude the Registrar of Co-operative Societies, or other competent authorities exercising the powers of the Registrar, from examining the individual facts relevant to each of these two committees and passing appropriate orders in the fight of the principles enunciated in the aforesaid Full Bench decision (AIR 1977 Andh Pra 278) (or 274? ). Pending such further orders by appropriate authority, the elected committees shall be, and shall continue in office. " The idea behind the said order was that where the elected committees are functioning properly, they shall be continued, but where the committees are guilty of any irregularities or other misfeasance, an official person in charge shall be appointed. So that as it may, the Government promptly filed a Writ Appeal aggrieved by the last sentence in the above direction, and got it deleted by a Bench of this court in W. A. No. 354 of 1985 etc. While confirming the other directions in the order dated 2-4-1985
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