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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Prashant Kumar Mishra, D.V.S.S. Somayajulu, JJ.
C. Naga Vinitha – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Appeal No.159 of 2022, Writ Petition No.15511 of 2022
Decided On : 24-11-2022
CO-OPERATIVE SOCIETIES - ELECTION - VOTERS LIST - CHALLENGE - LEGALITY OF VOTERS LIST - APPOINTMENT OF ELECTION OFFICER - VALIDITY - INTERPRETATION OF SECTION 31(2) OF THE ANDHRA PRADESH CO-OPERATIVE SOCIETIES ACT, 1964 AND RULE 22 OF THE ANDHRA PRADESH CO-OPERATIVE SOCIETIES RULES, 1964.
Fact of the Case:
Petitioners challenged the legality of the voters list prepared by the Co-operative Bank and the appointment of the Election Officer. They sought a declaration that the voters list was illegal and arbitrary and sought a direction to the Bank to collect deficit share capital from members and publish a fresh voters list.
Finding of the Court:
The Court held that the voters list prepared by the Bank was in accordance with the provisions of Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964 and that the appointment of the Election Officer by the managing committee was valid as per the amended Byelaw No.28(1) of the Bank.
Issues: 1. Whether the voters list prepared by the Co-operative Bank was illegal and arbitrary? 2. Whether the appointment of the Election Officer by the managing committee was valid?
Ratio Decidendi: 1. The Court held that the voters list was prepared in accordance with the provisions of Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964. The Court noted that the list was published and objections were called for, and that no objections were received. The Court also noted that the election notification had been issued and that the election process had commenced. 2. The Court held that the appointment of the Election Officer by the managing committee was valid as per the amended Byelaw No.28(1) of the Bank. The Court noted that the Bank was not receiving any aid from the State Government and that, therefore, the managing committee was free to conduct its elections and was not bound to hold elections under an Election Officer appointed by the District Collector.
Final Decision: The Court dismissed the writ petition and the writ appeal.
ORDER :
Prashant Kumar Mishra, J.
Writ Appeal No.159 of 2022 has been preferred by two petitioners out of the four petitioners in W.P.No.15400 of 2021, questioning the dismissal of their writ petition by the impugned order passed by the learned single Judge in three writ petitions, i.e. W.P.No.9252, 9557 and 15400 of 2021.
2. In W.P.No.15400 of 2021, the present appellants/writ petitioners have sought declaration that the voters list dated 31.03.2020 prepared/published by the 8th respondent bank is illegal, arbitrary, violative of Articles 14 and 19 of the Constitution of India, the provisions and Rules of the Andhra Pradesh Co-operative Societies Act, 1964 (in short “the 1964 Act”) and the guidelines issued by the authorities concerned from time to time and consequently to direct the 8th respondent bank to collect deficit share capital from the members concerned and to publish fresh voters list by taking into consideration of newly defaulted members, illegal removals, disqualifications and who got eligibility as on publishing new voters by inviting objections from the members as required under Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964.
3. W.P.No.15511 of 2022 has been preferred seeking issuance of a writ of mandamus declaring the action of the 7th respondent in appointing the 9th respondent as Election Officer vide Prog. Rc.No ACUB02/Elections/2020 dated 19.05.2022, as illegal, arbitrary, violative of the Andhra Pradesh Co-operative Societies Act, 1964, the Rules framed thereunder, byelaws of the 8th respondent Bank and consequently to set aside proceedings vide Prog.Rc.No ACUB02/Elections/2020 dated 19.05.2022 as well as reschedule of elections to the managing committee of the 8th respondent, by the 6th respondent dated 24.05.2022 and to pass any other order.
4. By this common order, we are not dealing with the subject matter of challenge before the learned single Judge in W.P.No.9252 and 9557 of 2022, as no writ appeal is filed against the said part of the order and our consideration is confined to the order passed concerning W.P.No.15400 of 2021. The only challenge in the said writ petition was to the legality of the voters list dated 31.03.2020 passed by the 8th respondent bank.
5. Briefly stated, the fact of the matter is that the managing committee of the Ananthapuramu Co-operative Urban Bank Ltd., Ananthapuramu (in short “the Co-operative Bank”) intended to hold elections to the managing committee in terms of Rule 22(1)(a) of the Andhra Pradesh Co-operative Societies Rules, 1964 (in short “the 1964 Rules”). Admittedly, this Co-operative Society is not receiving any aid from the State. One Sri B. Harshavardhan Reddy, Advocate, was appointed as Election Officer by the then managing committee of the Co-operative Bank. He issued election notification in terms of Rule 22(2)(b)(vi) of the 1964 Rules. The election schedule so issued by the Election Officer was stayed by the State Government, which was challenged in W.P.No.11470 of 2020, which was allowed by this Court directing to recommence the election process from the stage where it was obstructed/interrupted in terms of Rule 22(c)(1)(b) of the 1964 Rules, since COVID-19 restrictions are lifted. W.A.No.289 of 2021 filed against the order in W.P.No.11470 of 2020 came to be dismissed by the Division Bench on 29.06.2021. Thereafter, C.C.No.431 of 2021 was filed, in which notices have been issued. The State Government, thereafter, issued memo on 15.04.2021 directing the 2nd respondent to arrange to conduct elections. This was challenged in W.P.No.9557 of 2021. Another writ petition -W.P.No.7061 of 2021 was filed for the same relief as prayed in W.P.No.11470 of 2020. This writ petition was closed in view of the memo of the State Government dated 15.04.2021 directing to conduct elections.
6. After the order in W.P.No.11470 of 2020 and the memo of the State Government dated 15.04.2021, the Election Officer rescheduled the election programme vide order dated 02.05.
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