C.VASUDEVA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioner has invoked the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India seeking mandamus to declare the action of the 3rd respondent Election Officer in rejecting the nomination of the petitioner on the ground that his name is not tallying with the serial number in the voters list, as illegal, arbitrary and violative of Rule 22(5) of the Andhra Pradesh Cooperative Societies Conduct of Election Rules, 1964, and consequently, sought direction to the 3rd respondent to stay further proceedings pursuant to the issuance of election notification, dtd. 29/3/2022.

(2.) The petitioner is an employee working as Sec. Officer in Revenue Department of Andhra Pradesh Secretariat. The 2nd respondent is an Association in the name and style "The Andhra Pradesh Secretariat Sec. Officers ' Association " represented by its President. The petitioner claims to be the member of the said Association and also a voter on the rolls of the electoral roll of the said Association. There is an Executive Committee for the said Association consisting of certain office bearers. As the term of the office bearers of the said Executive Committee expired long back, the Executive Committee of the Association in its meeting held on 11/3/2022 has taken a decision to conduct election of office bearers for the 2nd respondent Association. The said meeting was presided over by Sri T.Venkata Subbaiah, Assistant Secretary, M.A. and U.D. Department, A.P. Secretariat. The date of the election is fixed on 8/4/2022. The 3rd respondent was appointed as Election Officer to conduct the election.

(3.) Pursuant to the decision taken in the Executive Committee meeting held on 11/3/2022 to conduct election for a period of three years to elect the office bearers of the Executive Committee of the Association, the 3rd respondent Election Officer issued notification on 29/3/2022 to conduct elections. The election schedule as per the said notification is as follows: