High Court of Andhra Pradesh
C.V. NAGARJUNA REDDY, J.
Rompicherla Venkata Ratnam
Versus
The Govt. of A.P., Reptd by its Principal Secretary, Agriculture & Co-Operation Department & Others
Writ Petition No. 18471 of 2013
Decided on : 28-06-2013
1. These three Writ Petitions are filed questioning G.O.Rt.No.858, Agriculture and Co-Operation (COOP.V) Department, dated 19.06.2013, whereby the orders issued staying the Co-operative elections have been revoked.
I have heard Sri G.M. Mohiuddin, learned counsel representing Sri Siva S.Lanka, the learned counsel for the petitioners and perused the record.
After the election process was commenced in respect of the Primary Agricultural Co-Operative Societies in which the petitioners are interested, some of the petitioners and some other persons have approached respondent No.1 with representations to postpone elections purporting to apprehend law and order problems to arise if the elections were held.
Readily obliging their requests, respondent No.1 issued G.O.Rt.No.205, Agriculture and Co-Operation (COOP-V) Department, dated 28.01.2013, which is reproduced herein below :
“1. Whereas the District Election Authority, Krishna District, has issued notification for conduct of elections to the Managing Committee of the Agiripalle Mandal, Krishna District, 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 whoa re 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 that 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)(ii) of the Andhra Pradesh Co-Operative Societies Rules, 1964, hereby order the postponement of elections to the Managing Committee of the Agiripalle Primary Agricultural Co-Operative Society No.K.R.339, Agiripalli, Agiripalli Mandal, Krishna District, until further orders.”
After the elections to all other Co-Operative Societies in the State were held, except where respondent No.2 or the Commissioner, Co-Operation have exercised their powers under Rule-22-C of the Andhra Pradesh Co-Operative Societies Rules, 1964 (for short ‘the Rules’) and postponed the elections, respondent No.1 appeared to have become wiser and issued G.O.Rt.No.858, Agriculture and Co-Operation (COOP-V) Department, dated 19.06.2013, revoking G.O.Rt.No.205, dated 28.01.2013. The said order is reproduced herein below :
“1. In the reference 1st read above, orders have been issued for postponement of elections to the certain PACS considering the sensitive situation prevailing then and considering that prima-facie there was intimidation of voters which might cause obstruction to the conduct of free and fair poll.
2. After issue of the above orders, several representations have been made to conduct elections to the postponed Primary Agricultural Co-Operative Societies. Government have carefully examined the matter and considering the present situation, have decided to cancel the orders issued postponing the elections and conduct of elections to the PACS where elections were postponed in certain Districts under Rule-22-C (1)(ii) of APCS Rules, 1964.
3. The Commissioner for Co-Operation and Registrar of Co-Operative Societies, A.P., Hyderabad, is requested to take further action in the matter.”
Not pleased with this revocation, the petitioners approached this Court with the grievance, which, in my opinion, is wholly illusory, that respondent No.1 ought not to have revoked its earlier order.
Sri G.M. Mohiuddin, learned counsel representing Sri Siva S.Lanka, learned counsel for the petitioners, strenuously argued that having been satisfied that law and order problem is likely to arise if the elections are held and stayed the elections, respondent No.1 ought
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