2023 Supreme(Online)(AP) 27163
THE HON’BLE Ms. JUSTICE B.S.BHANUMATHI Civil Revision Petition No.454 of 2021
ORDER:
This revision petition, under Article 227 of the Constitution of India, is preferred against the order, dated 01.04.2021, passed in I.A.No.292 of 2021 in O.P.No.75 of 2021 on the file of the Court of the Principal District Judge, West Godavari District, at Eluru, by adjourning the matter from 01.04.2021 to 19.04.2021, i.e., beyond the date of 11.04.2021 on which day the action sought to be injuncted was proposed to be held.
2. Heard Sri P.Radha Krishna, learned counsel for the revision petitioner and Sri K.Chidambaram, learned senior counsel appearing for Sri A. Lalith Nikhil, learned counsel for the 2nd respondent. Though 1st respondent is served with notice, there is no appearance on its behalf.
3. The facts, which lead to filing of the revision petition, briefly, are as follows:
(a) The revision petitioner herein, West Godavari District Arya Vysya Sangham, filed O.P.No.75 of 2021 to declare the election of the 2nd respondent by the 1st respondent-A.P Arya Vysya Maha Sabha (‘APAVMS’, for short) as the President of the West Godavari District Arya Vysya Sangham (‘Sangham’, for brevity) and to direct the 1st respondent to permit the petitioner to conduct elections in order to elect the President of the Sangham. The main contention of the revision petitioner is that the petitioner is the society at the district level under the name, West Godavari District Arya Vysya Sangham, represented by its President, Sri Kona Srinivasa Rao, and is registered under the Societies Registration Act, 2001 and the 2nd respondent is one of the members of the said Sangham and that due to advent of Covid-19 pandemic, elections at the district level in some districts were not conducted to elect the President and remaining members of the committee, but in the prevailing circumstances in West Godavari district, a general body meeting was conducted on 06.12.2020 and the 1st respondent, being the President of APAVMS, passed a resolution to conduct elections on 31.01.2021 to elect the Presidents of the respective districts. The 1st respondent is the President of the society at the state level. The 1st respondent requested all the districts to elect Presidents unanimously, if possible, vide letter, dated 09.12.2020, as per which the petitioner Sangham passed resolution, dated 02.01.2021, and appointed Election Commissioner with the advice of the 1st respondent to conduct elections of the Sangham and also fixed the schedule for conduct of the elections by appointing the committee for this purpose.
(b) However, the 2nd respondent, by concocting some allegations against the Election Commissioner, requested the 1st respondent and thereby, the 1st respondent ultimately interfered with the election and temporarily cancelled the duties of the Election Commissioner and the 1st respondent himself appointed an ad hoc committee and postponed the elections indefinitely without enquiring the members of the petitioner Sangham and without submitting report or the statements of the members recorded. The petitioner further contended that surprisingly the 1st respondent sent a notification about the selection of the 2nd respondent as new President of the Sangham by unilaterally acting, though maximum number of members and the ex-Presidents of the Sangham expressed their consent to elect Sri Naryana Visweswara Rao unanimously as their President for the years 2021-2023. It is also averred that the Election Commissioner, Sri Chinni Rama Satyanarayana did not commit any misdeeds; but, without any enquiry, the 1st respondent took the action, that too, against the bylaws of the Maha Sabha, which require democratic election for every two years. According to the petitioner, the 1st respondent elected the 2nd respondent as President of the Sangham, vide letter, dated 15.03.2021, against the bylaws of the society which does not confer any authority on the 1st respondent to do so. It is also contended by the petitioner that as per Rule 18(4) of the District Arya Vysya Sangh bylaws,