M J VEERAMANI Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard all the parties.

(2.) This appeal is directed against an interlocutory order passed by a learned single Judge of this Court in W.V.M.P. No. 1379 of 2001 in W.P.M.P. No.16998 of 2001 in W.P.No. 13627 of 2001. Pending the Writ Petition, the above W.P.M.P. was filed to suspend operation of the proceedings in R.C. 846/2001-Election, dated 22-6-2001 of the District Collector (Co-operation) Hyderabad Urban District, the Election Authority notifying the elections to be held on 27-7-2001 for the post of President and Managing Committee Members of the Bhagyalakshmi Co-operative Housing Society Limited, TAB 76, Srinagar Colony, Hyderabad and by order dated 6-7-2001, interim suspension was granted. However, learned single Judge after following the judgment reported in SSS/S (M.M.) SDU Sanstha v. State of Maharashtra vacated the interim suspension granted by this Court on 6-7-2001. The learned Judge has followed the judgment referred to above which held that the Writ Petition to stay the election of the Managing Committee of a Society is not maintainable when the election process has been set in motion.

(3.) We agree with the view taken by the learned single Judge. Another Division Bench of Rajasthan High Court in the judgment reported in O.P. Gupta v. Union of India and others dismissed a Special Appeal wherein a similar question was raised following the very recent pronouncement of the Supreme Court which has interpreted the term "election" to include all steps and entire proceedings commencing from the date of notification of the election till the date of declaration of result and held that no election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented by such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature. The Supreme Court has pointed out that if an election is to be called in question and which questioning may have the effect of interrupting, obstructing or protracting the election proceedings in any manner, the invoking of judicial remedy by Writ Petition has to be postponed till after the completing of proceedings in an election. The Apex Court has further observed that any decision sought and rendered will not amount to calling in question an election if it subserves the progress of the election and facilitate the completion of the election and anything done towards completing or in furtherance of the election proceedings cannot be described as questioning the election.. (Emphasis added)