GUTTHA NARSIMHA REDDY Vs. DISTRICT CO OPERATIVE OFFICER

JUDGEMENT

(1.) The petitioners are members of Milk Producers Mutually Aided Cooperative Society, Urumadla Village, Chityala Mandal, Nalgonda District, the 2nd respondent herein, (for short 'the Society') The 4th respondent is the Chairman of the Society. The Managing Committee of the Society has 10 Directors. The term of Office of Directors is 5 years, in such a way, that on 30th June of every year, the term of two of them would expire. The resultant vacancies are to be filled by the General Body. The term of the two women members of the Managing Committee was to expire on 30.06.2011. The term of the 4th respondent, as President, was also to expire on that date. An Election Officer was appointed, and he, in turn, issued a notification, proposing to conduct the election to the vacancies of Directors and of the President, on 29.06.2011. However, on 26.06.2011, the Election Officer postponed the election, on the ground that he has fallen sick. The petitioners state that, on account of their failure to conduct elections before 30.06.2011, the 4th respondent and the entire Managing Committee, not only ceased to be operative, but also have incurred disqualification to be elected for the next term, by operation of Sections 21(6) and 23 of the Mutually Aided Cooperative Societies Act (for short 'the Act'). They seek declaration to that effect and direction to the 1st respondent to convene General Body meeting of the Society for appointing an ad hoc Board for the specific purpose of conducting elections.

(2.) The District Cooperative Officer, Nalgonda, the 1st respondent, filed a counter-affidavit. He admitted the facts pleaded by the petitioners to the extent that the Election Officer postponed the elections and that by 30.06.2011, elections could not be held to the Offices of two Directors and of the President. He further stated that the failure to conduct elections was not due to any lapse on the part of the Society or the Managing Committee, but on account of the illness of the Election Officer. He has also stated that the General Body of the Society met on 29.06.2011, and took stock of the situation. It is further stated" that the Managing Committee, through its resolution, dated 15.07.2011, appointed one Sri G. Devender Reddy, as Election Officer, and that the latter issued a notification, dated 16.07.2011, for conducting elections. The 1st respondent stated that in the elections so conducted, two women Directors and the President of the Society were elected. According to him, the disqualification provided for under Section 145 of the Act does not operate automatically, and that once the Society and its Managing Committee made sincere efforts to conduct the elections before expiry of the term of two Directors, it cannot be said that there was any deliberate lapse on their part.

(3.) Respondents 2 and 4 filed counter-affidavits almost on the same lines.