PRASADA REDDY V Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) One V. Prasada Reddy S/o V. Pulla Reddy aged about 30 years residing at Sitara theatre, Vidyadharapuram, Vijayawada, filed this Writ Petition to issue a Writ of Mandamus declaring the action of the 1st respondent-District Collector, Krishna District, in conducting the elections to 5th respondent-The Durga Co-operative Urban Bank Limited as it has not complied with the directions of the Registrar of the Co-operative Societies issued in No.2631/ 2000/UB-I dated 9-5-2000 as illegal, arbitrary and consequently direct the 1st respondent to conduct the elections to the 5th respondent-Bank after complying with the directions of the Registrar, Co-operative Societies dated 9-5-2000.

(2.) Sri O. Manohar Reddy, learned Counsel appearing for the petitioner submits that the petitioner is a member of the 5th respondent-Bank and the term of the Managing Committee expired on 27-5-2000 and even before the expiry of the term, the then President of the 5th respondent-Bank wrote a letter dated 6-5-2000 to the District Collector, Krishna District, requesting him to conduct the elections to the Managing Committee of the bank, and that the total number of the members of the bank is about 16,000 and that the Registrar of the Cooperative Societies in exercise of his powers conferred under Section 4(2) of the A.P. Cooperative Societies Act issued directions by the impugned proceedings dated 9-5-2000 stating that the Urban/Town Co-operative Banks should arrange to issue bank multipurpose identity cards to all its members which should be served as document for identification as genuine and bonafide. It was further directed that the banks should comply with the statutory directions within two months from the date of issuance of the said directions without fail. The learned Counsel for the petitioner further submitted that the crux of the said proceedings of the Registrar of the Cooperative Societies directing issuance of the multipurpose identity cards is not only for identification of the genuineness and bona fide of the members, but also to facilitate its members, to avail banking customer service, to cast the votes as per the members voters list, to enable members to inspect bye-laws, audit report and also take part in the deliberations of the meetings as may be convened by the bank in order to maintain greater transparency and protect the interests of genuine members. It is further submitted that unless photo identify cards are issued, impersonation cannot be curbed or prevented in respect of living or dead persons. It also ensures smooth, peaceful and fair poll, and curbs the malpractice and irregularities, and improves the functioning of the Co-operative Banks, and as such, it is just and necessary to issue identity cards so as to conduct of elections in accordance with the directions under Section 4(2) of the Act.

(3.) The 4th respondent, who was appointed as Election Officer by the 1st respondent, filed ,a counter stating that the term of the Managing Committee of the 5th respondent has expired by 27-5-2000 and in view of the election notification issued by the 1st respondent vide his proceedings Rc.No.929/2000/Elec.CUBs/B dated 21-5-2000 to conduct the elections, the election process has already been set in motion and the directions of the 2nd respondent-Registrar of Co-operative Societies dated 9-5-2000 issued under Section 4(2) of the A.P. Co-operative Societies Act to all the Co-operative Urban/Town Banks in the State for issuance of the identity cards to the members of the Urban/Town Banks within two months from the date of the issue of the directions has to be complied with as it will have multipurpose use and will also prevent persons voting proxy name of others but on such directions the election process cannot be cancelled.