VEMA PRASAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief/s:

(2.) Heard learned counsel for the petitioners and learned Government Pleader for Cooperation. Since this Court is inclined to hear and pass appropriate order in the writ petition at the stage of admission, no notice is ordered to the respondents 7 to 42.

(3.) The case of the petitioners is that the 1st petitioner is the member of the 5th respondent - Sri Venkata Ramana Harijan Fishermen's Co-operative Society. The 2nd petitioner was the Director of the superseded elected management committee of the 5th respondent society. He is interested in contesting in the ensuing elections. The 5th respondent society is formed in the year 1984 and duly registered under A.P. Co-operative Societies Act, 1964 [for short, 'the Act']. Elections of the managing committee of the society was conducted on 14.03.2017 and the office bearers were duly elected on 14.03.2017 for a period of five years. The term of the committee expires on 13.03.2022. After the general elections in the State and change in the Government, the Fisheries Development Officer, Ongole, on 02.08.2019 requested the managing committee of the society to handover the books of the society. Subsequent to handing over of the books, on 21.09.2019, the 4th respondent, with a pre-disposed mind of superseding the managing committee of the Society, has issued a show cause notice, for which the members of the managing committee issued a reply on 02.10.2019 stating that the books of the Society have been handed over to the Fisheries Development Officer and will only be able to give reply upon providing the same to them. Despite the said reply, the 3rd respondent, on 09.10.2019, illegally and without following the procedure envisaged under the provisions of the Act, superseded the elected committee under Section 34 of the Act and appointed Fisheries Development Officer [FDO], Ongole, as person-in-charge [PIC]. Thereafter, the person-in-charge, at the instance of political busy bodies in the village who belong to party in power in the State, illegally and contrary to the provisions of the Act, Rules made under the Act, G.O.Ms.No.74 dated 21.10.2011 and clause 4(a) and 4(b) of the amended bye-laws of the 5th respondent Society, admitted respondents 7 to 42, despite non availability of water sources as per the viability norms @ 1Ha WSA per one person under the Society for fishing. The petitioners for the first time came to know about the inclusion of respondents 7 to 42 as members of the society only when the 6th respondent, who is appointed as the Election Officer, referring to the proceedings No. Elections 474/E/2020 dated 02.11.2020 of the 3rd respondent, has published an undated voter list stating that election will be held on 18.12.2020. Except the voters list and intimating the date of election, no other election schedule is published so far. Even the proceedings, dated 02.11.2020, were not made available to the petitioners. Immediately, the petitioners together, the 2nd petitioner separately and about 15 members of the society gave their objections to the respondents in relation to the illegal inclusion of the voters, on 04.12.2020, 04.12.2020 and 02.12.2020 respectively, and for deletion of the names in the voters list from Serial No.31 to 70 and to stay the election scheduled to be held on 18.12.2020. In the list of voters of society consisting 63 voters, the name of the 2nd petitioner, who was the Director of the earlier managing committee, is not included and 36 new voters, who were admitted as members contrary to the provisions of the Act, Rules made thereunder, G.O.Ms.No.74 and clause 4(a) and 4(b) of the amended bye-laws, were included. The above conduct of the 6th respondent is illegal, arbitrary and discriminatory. Hence, questioning the same, the present writ petition came to be filed.