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2021 Supreme(AP) 640
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
U. Durga Prasad Rao, J.
V. Raghava Rao, S/o. V. Nancharaiah – Petitioner
Versus
Andhra Pradesh Industrial Infrastructure Corporation Limited APIIC & Ors. – Respondents
Writ Petition No. 509 of 2021
Decided On : 15-11-2021
For the Petitioner: P Durga Prasad
For the Respondent: J Ugranarasimha SC
Point of law : In introducing the requirement of minimum marks for interview, after the entire selection process (consisting of written examination and interview) was completed and held that such approach would amount to changing the rules of the game after the game was played which is clearly impermissible.
Headnote:
A.P. Municipalities Act – Panchayat raj Act - Service societies registered - Maintenance of industrial areas - Respondent was registered provisions of Societies Registration Act and its term was fixed as three years by respondent as per guidelines - While so on expiry of term of previous managing committee of 6th respondent society election notification was issued on wherein Election Officer mentioned that term of managing committee of respondent society would be for a period of three years – Accordingly election was held on and managing committee has assumed office on - Petitioner is one of members of 6th respondent society - As per rules in vogue term of managing committee will be for three years from approval of election results by Zonal Manager and term will expire by - While so Chairman of respondent society submitted a representation.
Finding of the court :
It can be inferred that APIIC wanted its IALAs to implement minutes of board meeting with immediate effect - However in instant case long before election notification was issued on stating that election for 6th respondent will be held on - Therefore, though minutes were communicated one day prior to election however election process was commenced on itself long prior to communication of minutes to IALAs - Election notification was issued basing on existing guidelines of year where term of Managing Committees will be years - It is trite law that once election process has commenced rules relating to election including term of office cannot be changed subsequently – Court view is fortified by decision in Hon’ble Apex Court deprecated approach of High Court of Andhra Pradesh in introducing requirement of minimum marks for interview after entire selection process consisting of written examination and interview was completed and held that such approach would amount to changing rules of game after game was played which is clearly impermissible.
Result : Petition is Allowed
ORDER:
The petitioner challenges APIIC-Inter Office Memo vide IOM No.APIIC/LAC/Vjwda/TVNMIASS/IALA-JAN/2019-20 dt:27.07.2020 issued by 2nd respondent enhancing the term of existing Managing Committee of the 6th respondent society from 3 years to 5 years contrary to the Office Memo IOM.No.APIIC/LAC/2020, dated 18.03.2020 of 3rd respondent and the report dated 09.06.2020 of 5th respondent as illegal, arbitrary and contrary to the revised guidelines for the functioning of Industrial Area Local Authorities (IALAs) and Service Societies, 2013 and consequently direct the respondents 2 to 5 herein to conduct the elections for the Managing Committee of the 6th respondent society and pass such other orders which are deemed fit.
2. The petitioner’s case succinctly is thus :
(a) In order to provide civic services in APIIC industrial areas which were neglected by local bodies, the Government of Andhra Pradesh has conferred local authority status to APIIC Limited by amending the local Acts i.e., The Panchayatraj Act, the A.P. Municipalities Act and the Municipal Corporation Act etc. and also transferred certain powers of the local bodies to APIIC. The 1st respondent in order to promote local self governance of the industrial area evolved the concept of Industrial Areas Services Society involving the tax payers community and the notified industrial area in the management /maintenance of industrial areas. The service societies registered under the Societies Registration Act were made as nodal agencies to assist in collection of the property taxes and maintenance of civic services in the industrial areas.
(b) The 6th respondent was registered under the provisions of the Societies Registration Act and its term was fixed as three years by 1st respondent as per the guidelines. While so, on the expiry of the term of the previous managing committee of the 6th respondent society, election notification was issued on 30.03.2017, wherein the Election Officer mentioned that the term of the managing committee of 6th respondent society would be for a period of three years. Accordingly, the election was held on 21.04.2017 and the managing committee has assumed office on 05.05.2017. The petitioner is one of the members of 6th respondent society. As per the rules in vogue, the term of the managing committee will be for three years from the date of approval of the election results by Zonal Manager and the term will expire by 20.04.2020. While so, the Chairman of 6th respondent society submitted a representation dated 24.01.2020 to 1st respondent requesting to enhance the term of the present Managing Committee from three years to five years. The 3rd respondent, who is the Executive Director of APIIC Limited, on examining the rules in force, informed vide his Memo IOM No.APIIC/LAC/2020 dated 18.03.2020 to 6th respondent that the term of the present Managing Committee would be three years i.e., from 21.04.2017 to 20.04.2020, however, the term of the ensuing committee would be five years as per the Board resolution dated 20.04.2017. The 4th respondent issued letter dated 20.03.2020 to 6th respondent stating that the term of existing Managing Committee would expire by 20.04.2020 and the term of the ensuing committee would be for five years and he requested the Managing Committee to determine the election date for next election. Questioning the said letter dated 20.03.2020 issued by 4th respondent, the Chairman of 6th respondent society filed WP.No.8563/2020 before this High Court seeking a direction to the respondents to continue the existing Managing Committee of 6th respondent for a period of five years from the date of election. However, this Court was not inclined to pass any orders.
(c) While so, it came to light that the 2nd respondent issued proceedings dated 27.07.2020. It also came to light that the 5th respondent herein submitted a detailed report vide Lr.No.ZM/APIIC/VJA/JAN/IAIA/2020 dated 09.06.2020 with regard to the tenure of the Managing Committee of 6t
