ANKULA MOHAN BEHERE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners herein, who are claiming to be members of 7th respondent society, filed the present Writ Petition challenging the proceedings No.814/B/2021, dtd. 30/12/2021 issued by 3rd respondent-District Collector/ District Election Authority, Srikakulam, whereby it is ordered to postpone the poll schedule dtd. 31/12/2021 for 7th respondent society under Rule 22C (1) (iii) of the Andhra Pradesh Co-operative Societies Rules, 1964 (for short, 'the Rules, 1964').

(2.) The facts, in brief, leading to filing of the present Writ Petition may be stated as follows. The term of Management Committee of 7th respondent society expired on 26/9/2021, and an interim arrangement was made appointing the official person in-charge to look after the affairs of the society on 18/10/2021. The Election Authority issued a Notification dtd. 16/12/2021 fixing the date of election on 31/12/2021. Thereafter, voters' list was prepared and the same was published and circulated to all the members of the society and affixed on the notice board of the society, calling for objections from the members. No objections are received therefor within the time stipulated. Petitioners intend to file nominations for the post of President and Vice President of the society, respectively. The impugned proceedings dtd. 30/12/2021 has been issued by 3rd respondent postponing the elections.

(3.) The respondents 1 to 4 file counter affidavit justifying the impugned action and stating that as per the reports received from the authorities concerned, there is reasonable apprehension that law and order problem may arise due to denial of admission to eligible members in the society and hence the elections are postponed until the conditions become conducive for recommencing the election.