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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY, J.
Ankula Mohan Behere – Petitioner
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No. 6059 of 2022
Decided On : 07-04-2022
ELECTION - POSTPONEMENT - ANDHRA PRADESH CO-OPERATIVE SOCIETIES RULES, 1964 - RULE 22C(1)(III) - ELECTION TO CO-OPERATIVE SOCIETY - POSTPONEMENT OF ELECTION - REASONABLE APPREHENSION OF VOTERS NOT BEING ALLOWED TO VOTE FRANKLY AND FREELY - ELECTION CANNOT BE POSTPONED MERELY ON THE SAID REASON - ELECTION TO BE CONDUCTED AS PER ELECTION NOTIFICATION.
Fact of the Case:
Petitioners, claiming to be members of a cooperative society, challenged the postponement of the society's election by the District Collector/District Election Authority. The election was postponed due to concerns about law and order problems arising from the denial of admission to eligible members.
Finding of the Court:
The court found that the reason given for postponing the election was not sustainable and there were no such contingencies to postpone the elections. The court held that the impugned order was not sustainable in the eye of law and set it aside.
Issues: Whether the election to the cooperative society could be postponed merely on the ground that there was a reasonable apprehension that voters would not be allowed to vote frankly and freely.
Ratio Decidendi: The court held that elections cannot be postponed merely on the reason that there is a reasonable apprehension that voters will not be allowed to vote frankly and freely. The court relied on Rule 22C(1) of the Andhra Pradesh Co-operative Societies Rules, 1964, which sets out the grounds on which elections can be postponed.
Final Decision: The court allowed the writ petition and set aside the impugned order postponing the election. The court directed the election authority to conduct the election as per the Election Notification dated 16.12.2021 within six weeks from the date of receipt of a copy of the order.
ORDER :
1. The petitioners herein, who are claiming to be members of 7th respondent society, filed the present Writ Petition challenging the proceedings No. 814/B/2021, dated 30.12.2021 issued by 3rd respondent-District Collector/District Election Authority, Srikakulam, whereby it is ordered to postpone the poll schedule dated 31.12.2021 for 7th respondent society under Rule 22C (1) (iii) of the Andhra Pradesh Co-operative Societies Rules, 1964 (for short ‘the Rules 1964’).
2. The facts, in brief, leading to filing of the present Writ Petition may be stated as follows:
3. The respondents 1 to 4 file counter affidavit justifying the impugned action and stating that as per the reports received from the authorities concerned, there is reasonable apprehension that law and order problem may arise due to denial of admission to eligible members in the society and hence the elections are postponed until the conditions become conducive for recommencing the election.
4. Heard the learned counsel for the petitioners and the learned Government Pleader for Co-operation appearing for respondents 1 to 4.
5. Learned counsel for the petitioners contended that without there being any exigency as contemplated under Rule 22 C (1) (iii) of the Rules, 1964, the elections to 7th respondent society were postponed by 3rd respondent-Election Authority; that having failed to submit any objections with regard to the voters’ list published within the time stipulated, the irregularities alleged by the fishermen community in the alleged representation dated 29.12.2021 cannot be entertained; that once the election process has started, it should not be postponed for any reasons, and hence, he prays to set aside the impugned proceedings and to issue a direction to proceed with election process for conducting election to 7th respondent society as per the Notification dated 16.12.2021 from the stage at which it was interrupted by way of the impugned proceedings.
6. On the other hand, learned Government Pleader sought to sustain the impugned action stating that in view of reasonable apprehension that law and order problem may arise due to denial of admission to eligible members in the society, the elections are postponed until the conditions become conducive for conducting the election, by virtue of power conferred by Rule 22C (1) (iii) of the Rules, 1964, and there are no grounds to interfere with the impugned action in the present Writ Petition.
7. Perused the record. The factual matrix as stated above is not in dispute. As the term of Management Committee of 7th respondent society expired on 26.9.2021, an interim arrangement was made appointing the official person in-charge to look after the affairs of the society, and the Election Authority issued a Notification dated 16.12.2021 fixing the date of election on 31.12.2021. Voters’ list was also prepared and the same was published and circulated to all the members of the society and affixed on the notice board of the society, calling for objections from the members. Admittedly, no objections are received therefor within the time stipulated. The election is scheduled to be conducted on 31.12.2021. On 30.12.2021, the impugned order has
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