Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.SUJATHA, J.
J. Peda Venkata Subbaiah – Appellant
Versus
The State Of Andhra Pradesh and Others – Respondents
Writ Petition No.28733 of 2022
Decided on :03-05-2024
Election - Writ Petition - A.P. Cooperative Societies Act, 1964 - Sections 31(2)(b), 31(2)(c), 43 - The court interpreted the provisions regarding the conduct of elections for aided and unaided societies, concluding that the society in question was aided, thus validating the election notice issued.
Fact of the Case:
The petitioner, elected president of a fishermen cooperative society, challenged an election notice issued while his committee's term was still active, claiming the society was unaided and the notice illegal under the A.P. Cooperative Societies Act.
Finding of the Court:
The court found that the society had received state aid, thus classifying it as an aided society, which required the Registrar to conduct elections, validating the election notice issued.
Issues: Whether the society was aided or unaided under the A.P. Cooperative Societies Act, affecting the authority to issue an election notice.
Ratio Decidendi: The court held that financial aid in the form of subsidies classified the society as aided, thus the election notice was lawful under the relevant provisions of the Act.
Result: The writ petition was dismissed, and the election notice was upheld as valid.
Certainly. Based on the provided legal document, the key legal points are as follows:
Classification of Societies: The classification of a cooperative society as aided or unaided under the relevant provisions of the Andhra Pradesh Cooperative Societies Act determines which authority is responsible for conducting elections. An aided society is one that receives financial aid or subsidies from the government, whereas an unaided society does not (!) (!) .
Authority to Conduct Elections: For aided societies, the Registrar is responsible for holding elections before the expiry of the current committee's term, while for unaided societies, it is the incumbent committee's responsibility to conduct their own elections in accordance with their bylaws (!) (!) (!) .
Evidence of Aid: The receipt of subsidies, such as financial assistance or equipment provided under government schemes, can establish that a society is aided. In this case, the society received subsidies in the form of vehicles, fishing nets, and cash payments, which indicates it qualifies as a government-aided society (!) (!) .
Legal Procedure for Elections: Once an election process has been initiated and notified, courts generally do not interfere, especially if the process has commenced in accordance with the law. The election process must be allowed to run its course unless there are violations of statutory provisions or principles of natural justice (!) (!) .
Postponement and Recommencement of Elections: The rules permit postponement of elections in cases of law and order breakdown, natural calamities, or threats to free voting. However, the rules do not authorize the cancellation of an election once it has begun. Instead, the process should be recommenced from the point of interruption when conditions permit (!) (!) (!) (!) (!) (!) .
Court’s Discretion: The court emphasized that the election notice issued by the authorities was neither illegal nor arbitrary, and the proper course is to allow the election process to proceed or be recommenced from where it was interrupted, rather than canceling it altogether (!) (!) .
Principles of Natural Justice: Objections submitted during the election process must be considered, and failure to do so can be a violation of natural justice principles. However, in this case, the court found that the election process was initiated in accordance with the law, and the objections did not warrant stopping the process (!) (!) .
In summary, the court's decision hinges on the classification of the society as a aided or unaided entity, the legality of the election process once initiated, and the procedural requirements for postponement or recommencement of elections under the relevant statutes and rules.
ORDER :
This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
2. The petitioner herein submits that he is the elected president of the 6th respondent registered Fishermen Co-operative Society as per the election conducted on 29.09.2017 by the then out going Managing Committee as the said society is not an aided society as per Section 31(2)(c) of the A.P. Cooperative Societies Act, 1964. The term of the petitioner’s managing committee exists till 28.09.2022. While so, a group of 60 members have filed W.P.No.4927 of 2022 and have obtained ex-parte interim order on 24.02.2022 which reads as under:
3. The main grievance of the petitioner is that since the 6th respondent society is an un-aided society, the official respondents and the Fisheries Department have no power to conduct election to the managing committee of the society though the elected committee term exists till 28.09.2022. But, however, the 5th respondent issued the impugned election notice on 01.09.2022 basing on the proceedings dated 25.07.2022 of the 2nd respondent contemplating to conduct election to the managing committee of the 6th respondent society on 09.09.2022, which is illegal, without jurisdiction and is contrary to Section 31(2)(c) of the A.P. Cooperative Societies, Act, 1967. It is the further case of the petitioner that subsequent to issuance of draft voters list on 16.08.2022, the 5th respondent has called for objections from the members of the society, pursuant to which the petitioner and few others submitted their objections which were also acknowledged by the 5th respondent vide letter dated 23.08.2022, but, however, the same were not considered and no order has been passed by the 5th respondent duly providing an opportunity to the petitioner herein and others; which amounts to violation of principles of natural justice. Aggrieved by the impugned election notice dated 01.09.2022 which was issued contrary to the Section 31(2)(c) of the A.P. Cooperative Societies, Act, 1967, the present writ petition is filed.
4. When the writ petition came up for admission on 07.09.2022, this Court has passed a detailed interim order which reads as under:
For better appreciation Section 31(2)(b)(c) of the Andhra Pradesh Cooperative Societies Act, 1964, is extracted herein under:
(b) It shall be the duty of the Registrar to hold elections to the office of the members of the committee of a society which received State aid as specified in Section 43 of the Act before the expiry of their term.
(c) In respect of other societi
The classification of a cooperative society as aided or unaided determines the authority responsible for conducting elections under the A.P. Cooperative Societies Act.
Point of law: Exclusion or inclusion of the names in the voters list does not warrant interference by this Court under Article 226 of the Constitution of India and such questions are to be decided in....
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
In the absence of any clear indication that the State aid has to be continuous and regular, the contention of the learned counsel for the appellant/petitioner that one time aid by way of subsidy to a....
When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the ....
The main legal point established in the judgment is the violation of the petitioner's fundamental right to participate in the election process due to the inconsistency between Bye-law 24(viii) and Se....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
