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2013 Supreme(AP) 330

HIGH COURT OF ANDHRA PRADESH
N.V. RAMANA & VILAS V. AFZULPURKAR, JJ.

Katta Sivaiah
Versus
Government of A.P. rep. by its Special Chief Secretary & Others
W.A.Nos. 238, 270, 271, 272, 273, 275, 276, 316, 327, 329, 331, 333, 339, 342, 284, 414 of 2013 & W.A(SR) No. 26799 of 2013
Decided on: 26-04-2013

Advocates:
Advocate Appeared
For the Appellant:P. Radhive Reddy, Advocate.
For the Respondents: G.P. for Cooperation.

Headnote:A.P. Co-operative Societies Act 1964 - Section 61 -Elections postponed on ground of illegal exclusion of eligible voters/illegal inclusion of ineligible voters – Such action cannot be allowed considering object, purpose and scheme under S.61 – None of the election officers reported that there is law and order problem in case elections are conducted---When Government exercises such power to postpone elections, it give reasons which stand judicial scrutiny.

JUDGMENT

N.V. Ramana, J.

1. These batch of appeals are filed by the writ petitioners who are aggrieved by the common order passed by a learned single Judge of this Court in W.P.No.2148 of 2013 and batch, dated 15-02-2013.

2. All the writ petitioners are members of Primary Agricultural Co-operative Societies and all of them have questioned the orders passed by the Government in exercise of the power under Rule 22-C(1)(iii) of the A.P. Co-operative Societies Rules, 1964 (for short ‘the Rules’) framed in the A.P. Co-operative Societies Act, 1964 (for short ‘the Act’). By the aforesaid orders, Government had postponed elections to the Managing Committees of the said Societies and aggrieved thereby, the petitioners have filed the writ petitions and by a common order of the learned single Judge which is impugned herein, all the writ petitions were dismissed upholding the orders of the Government postponing the elections.

3. Most of the appeals in the present batch relate to Prakasam District where it is stated that out of 173 Societies, elections scheduled in more than 18 Societies were postponed under the impugned orders of the Government. Similar fact situation exist in other appeals also.

4. The nature of the orders passed by the Government in almost all the cases is more or less similar. It would, however, be appropriate to extract one such order, which is subject matter in W.P.No.3109 of 2013 and against which first one of these batch appeals (W.A.No.238 of 2013) is preferred:

“GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Cooperation Department – Elections – Elections to Primary Agricultural Cooperative Societies (PACS), 2013 – Elections to constitute the Managing Committee of Regadapalli PACS (643/87B) Nagarjunakunta (H.O) Konakanamitla Mandal, Prakasam District – Postponement of elections–Orders – Issued

AGRICULTURE & COOPERATION (COOP.V) DEPARTMENT

G.O.Rt.No.256 Date:28-01-2013

Read the following:-

1. Election notification issued by the Dist. Election Authority, dated 21-01-2013.

2. Endorsement of the Hon’ble Minister for Cooperation, Endt.No.156/M(Coopn)/2013 dated 28-01-2013 on Sri Byreddy Venkat Reddy, Nagireddypally, Konakanamitla Mandal, Prakasam District dated 28-01-2013.

ORDER:-

Whereas the District Election Authority, the Managing Committee of Regadapalli PACS (643/87B) Nagarjunakunta (H.O) Konakanamitla Mandal, Prakasam District vide reference first read above;

2. And whereas while the election process is in progress, several representations have been received from various quarters that efforts are made by certain groups/party to intimidate the voters in the reference 2nd read above;

3. And whereas, an appeal has been preferred stating that the members whose names are deleted illegally and without notice as well as those who are not given membership and voting right even though eligible as such are agitated and are likely to create commotion and law and order situation and would affect peaceful and lawful conduct of elections and it is apprehended the voters may cause possible obstruction to the conduct of free and fair poll;

4. The Government by virtue of powers conferred under Rule 22(C)(1)(iii) of the Andhra Pradesh Cooperative Societies Rules, 1964 hereby order the postponement of elections to the Managing Committee of the Regadapalli PACS (643/87B) Nagarjunakunta (H.O) Konakanamitla Mandal, Prakasam District until further orders.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

I.Y.R. KRISHNA RAO

SPECIAL CHIEF SECRETARY TO GOVT.”

5. Since the orders of the Government impugned are referable to the power under Rule 22-C(1)(iii) of the Rules, it is appropriate to notice the said provision, which is extracted hereunder:

“22-C. (1) Notwithstanding anything contained in these rules, the Government or the Election authority may direct the postponement of elections under one or more of the following circumstances:-

(i) Break down of law and order affecting the peaceful and lawful conduct of elections.

(ii) Any natura










































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