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2012 Supreme(AP) 202

High Court of Andhra Pradesh
L.NARASIMHA REDDY
G.Ramesh Goud & Others
Versus
District Collector, Ranga Reddy District & Others
Writ Petition No.23177 of 2008
Decided on : 23-02-2012

Advocates appeared:
For the Petitioner:M.Surender Rao, Advocate.
For the Respondents:R1 to R3, G.P. for Cooperation, R4, L.J.Veera Reddy, R6, V.Sree Ranga Rao, Advocates.

Headnote:A.P. CO-OPERATIVE SOCIETIES RULES, 1964, Rule 18 (as amended in 2005)--- Eligibility of members of Society to be included in voters list---As long as a person continues to be a member of a Society and whose membership is not set aside by any competent authority, he is entitled to be included in the voters list if he fulfils the criteria stipulated under Rule 18 of Co-operative Societies Rules. (Para 8)

Judgment :

The Survey of India Staff Cooperative Housing Society Limited, 4th respondent herein is subjected to repeated litigation as regards membership. In the year 2008, one Sri P.Koteswara Rao filed W.P.No.19901 of 2008 alleging that the then managing committee had admitted quite large number of persons as members contrary to the guidelines issued by the Registrar of Cooperative Societies in Memo, dated 07.06.2000 and prayed for consequential directions. The writ petition was disposed of leaving open to the petitioner therein to canvass his grievance as regards the alleged illegality of the membership before the competent authority and directing that the voters list for the society be prepared in accordance with Rule 18 of the A.P. Cooperative Societies Rules (for short ‘the Rules’) and Circulars in force; and that in the event of any enquiry being held, respondents 5 to 13 therein shall be entitled to put forward their contentions.

2. The petitioners are members, who are admitted between 2006 and 2008. The elections to the managing committee of the society became due. Notification was issued on 18.09.2008 and the programme was published on 19.10.2008. In the process of preparation of voters list, the names of the petitioners and other similarly situated persons were omitted. Thereupon, a representation was made by them to the Election Officer, 5th respondent herein. The latter issued proceedings, dated 21.10.2008 justifying the exclusion of 325 persons admitted as members on the ground that they did not complete standing of one year from the date of admission as members. The petitioners challenge the said proceedings.

3. It is pleaded that Rule 18 of the Rules, as it stands now, is to the effect that any member with a standing of 30 days from the date of admission is entitled to be included in the voters list and that there was no justification for the 5th respondent in excluding the petitioners and other similar situated persons from the voters list.

4. The 4th respondent filed a counter affidavit opposing the writ petition. According to him, the very admission of the petitioners and others as members of the society was contrary to the Circular, dated 07.06.2000 issued by the Registrar of Cooperative Societies.

5. The petitioner in W.P.No.19901 of 2008 filed an application to get himself impleaded as respondent No.6 in the writ petition. He too opposed the writ petition. He submits that the admission of 325 members was contrary to the Rules and that no exception can be taken to the impugned proceedings.

6. Heard Sri M.Surender Rao, learned counsel for the petitioners, learned Government Pleader for Cooperation, Sri L.J.Veera Reddy, learned counsel for the 4th respondent and Sri V.Sree Ranga Rao, learned counsel for the impleaded respondent No.6.

7. As with any other cooperative housing society, there is serious dispute as to the genuinity or otherwise of the membership in the 4th respondent-society. As many as 325 persons were admitted as members between 19.11.2006 and 06.04.2008. The 6th respondent approached this Court complaining that admission of such members was illegal. The writ petition was disposed of leaving it open to him, to canvass the matter before the competent authority. The petitioners contend that no such steps were taken by the 5th respondent.

8. Be that as it may, as long as the petitioners or for that matter, anyone continue to be member of the society and their membership is not set aside by any competent authority, they are entitled to be included in the voters list, if they fulfill the criteria stipulated under Rule 18 of the Rules. It is stated that till 26.06.2005, the requirement under Rule 18 was that a member should have a standing of atleast 12 months, to become eligible to be included in the voters list. That provision was amended through G.O.Ms.No.233, dated 27.06.2005, reducing the requirement as to standing, to 30 days. If the petitioners had fulfilled that condition, they cannot be denie



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