Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(AP) 41

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. VENKATA RAMANA, J.
B. Lakshmi Narayana - Petitioner
Versus
The State of Andhra Pradesh - Respondent
W.P. Nos. 9252, 9557 and 15400 of 2021
Decided On : 07-01-2022

Advocates Appeared:
For the Petitioner: Ganta Prasad.
For the Respondent: GP For Agriculture.

Point of Law: is fundamental that once an election notification is issued, the process of election as such cannot suffer a challenge nor can be stopped or interdicted.

Headnote:
Constitution of India, 1950– Article 14 and 19 - A.P. Cooperative Societies Rules – Rules 22 – Election petition - Illegal - Arbitrary - Petitioners in W.P. have questioned election notification issued by 6th respondent proposing to conduct elections for Managing Committee of 8th respondent Cooperative Bank - Respondents 9 and 10 got impleaded themselves to this writ petition - W.P. is for similar relief sought in W.P. questioning memo permitting elections to be conducted to 7th respondent therein and also election notification issued by 6th respondent therein - W.P. is filed by petitioners therein against respondents therein to declare voters list prepared and published by 8th respondent bank being illegal, arbitrary, violative of Articles 14 and 19 of Constitution of India as well as A.P. Cooperative Societies Act including rules made there under and violative of guidelines issued by 2nd respondent in that respect, while directing to publish fresh voters list in terms of Rule 22 of A.P. Co-operative Societies Rules- Whether cause in writ petition survives and if election process for Cooperative Bank (8th respondent) is proper to be postponed.
Finding of the Court:
Contention of learned standing counsel for 8th respondent bank to apply Rule 18(c) of A.P. Cooperative Societies Rules, to include new members, who were enrolled within 30 days prior to issuance of notification, is difficult to apply now - It is not pointed out on behalf of this Cooperative bank that the voters list supplied to 6th respondent Election Officer did not include such instances- It is further to be noted that such list was supplied by this bank alone through its Chief Executive Officer - This Cooperative bank now cannot take a different stand - It is rather surprising in view of these circumstances, how information was given to 3rd petitioner by CEO of Bank taking a different stand than what was furnished to 9th respondent - Learned counsel for petitioners in W.P. contended that even at this stage, voters list can be directed to be amended suitably including such persons, who are not defaulters or who have been deleted improperly.
Result: Dismissed

ORDER :

The petitioners in W.P.No.9252 of 2021 have questioned the election notification dated 23.04.2021 issued by the 6th respondent proposing to conduct elections on 02.05.2021 for Managing Committee of 8th respondent Cooperative Bank.

2. Respondents 9 and 10 got impleaded themselves to this writ petition.

3. W.P.No.9557 of 2021 is for the similar relief sought in W.P.No.9252 of 2021 however questioning memo No.AGC01-COOP0UCBS(RMAT)/34/2020-COOP-II, dated 15.04.2021 permitting elections to be conducted to the 7th respondent therein and also the election notification issued by the 6th respondent therein dated 23.04.2021.

4. W.P.No.15400 of 2021 is filed by the petitioners therein against the respondents therein to declare voters list dated 31.03.2020 prepared and published by 8th respondent bank being illegal, arbitrary, violative of Articles 14 and 19 of Constitution of India as well as A.P. Cooperative Societies Act including rules made there under and violative of guidelines issued by the 2nd respondent in that respect, while directing to publish fresh voters list in terms of Rule 22 of A.P. Co-operative Societies Rules.

5. In all these three writ petitions, the petitioners as well as the respondents 9 and 10 are the members of 8th respondent – Ananthapuramu Co-operative Urban Bank Limited. Respondents 1 to 8 in W.P.No.9252 of 2021 and W.P.No.15400 of 2021 are one and the same.

6. Respondents 1 to 6 in W.P.No.9557 of 2021 are the respondents 1 to 6 in above two writ petitions. Respondent ZNo.7 in W.P.No.9557 of 2021 is respondent No.8 in the above two writ petitions. 7th respondent in the above two writ petitions is not a party to W.P.No.9557 of 2021. The parties as arrayed in W.P.No.9252 of 2021 and W.P.No.15400 of 2021 shall be referred herein after, for convenience.

7. These three writ petitions essentially relate to a dispute, in respect of election of the Managing Committee of Ananthapuramu Co-operative Urban Bank Limited (“Co-operative Bank” for short).

8. The then Managing Committee of the Co-operative Bank intended to hold elections for the Managing Committee in terms of Rule 22(1)(a) of A.P. Co-operative Societies Rules. This Co-operative Society is not receiving any aid from the State in terms of Section 43 of A.P. Co-operative Societies Act.

9. Sri B. Harshavardhan Reddy, an advocate at Ananthapuramu was appointed as the Election Officer by the then Managing Committee of this Co-operative Bank. An election notification was issued by him in terms of Rule 22(2)(b)(vi) of A.P. Cooperative Societies Rules with the election schedule as under :

1.	Name of the Society, its Registered No. and Its Registered office, or the class of society and the specified area.	The Anantapuramu Coop. Urban Bank Ltd., Anantapuramu, Regd. No.1744 of Anantapuramu District
2.	Mode of Election (by Secret Ballot/Open)	By Secret Ballot
3.	Total No. of seats to be filled up by Elections and those reserved to be filled up by SC, ST, BC, Women	12 (Twelve) Committee Members. No Reservations
4.	Election of the President/Chairman of all Classes of Primary Societies, shall be by all Members of the committee as provided under Sub-Section 5 of Sec. 31 of the Act.	President/Chairman indirect election.
5.	Demarcation if constituency for Election of Managing Committee members and their Reservation.	Not applicable as the election will be conducted to the Managing Committee in the area of operation.
6.	The place of places time and date of poll	At Surya Public School, 3rd Road, Anantapuramu, Dt.28.06.2020 from 7 AM to 2 PM.
7.	The place and time between which nomination papers shall be filled and the fees to be paid there for.	At the Office of the Anantapuramu Co-op. Urban Bank Ltd., Subhash Road, Anantapuramu Dt.18.06.2020 from 10.00 AM to 2.00 PM.
NOMINATION FEE

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2022 Supreme(AP) 41

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATIM. VENKATA RAMANA, J.B. Lakshmi Narayana - PetitionerVersusThe State of Andhra Pradesh - RespondentW.P. Nos. 9252, 9557 and 15400 of 2021Decided On : 07-01-2022

Point of Law: is fundamental that once an election notification is issued, the process of election as such cannot suffer a challenge nor can be stopped or interdicted.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. VENKATA RAMANA, J.
B. Lakshmi Narayana - Petitioner
Versus
The State of Andhra Pradesh - Respondent
W.P. Nos. 9252, 9557 and 15400 of 2021
Decided On : 07-01-2022