B N NAGIREDDY Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) This appeal is directed against the order dt. 18-2-1982 passed in W.P.No. 932/1982 by our learned brother P.A.Choudary, J.

(2.) The appellants herein filed the writ petition for the issue of a writ, order or direction declaring the Memo of the Government the first respondent herein in its reference No.46419/Co-op. IV/81-19, dated 7-1-1982 as illegal and for declaring that ail the writ petitioners are eligible to participate in the elections to be held for the Managing Committee of Tatiparti Primary Agricultural Co-operative Credit Society, Podatakur Taluq, Nellore District. Elections to the Managing Committee of the Primary Agricultural Co-operative Credit Society, Tat'tparthi were directed by the notification dt. 25-9-1981 issued by the Election Authority. As per the Election programme the date for filing and scrutiny of nominations was 16-10-1981, the date for withdrawal o nomination was 17-10-1981 and the polling was on 31-10-1981. The elections could not take place on 31-10-1981 as notified in the election programme, as the nomination papers were snatched away from the Election Officer while he was travelling in a bus on 17-10-1981 from Nellore to Tatiparthi. As the Election Officer lost all the records relating to the election, the Election Authority postponed the election of the members to the Managing Committee of the Society and reported the matter to the Government, seeking instructions regarding fresh elections. The Government in their Memorandum referred to above dated 7-1-1982 directed the Election Authority to hold the fresh elections on the basis of the original electoral rolls. Accordingly the election Authority issued a fresh election programme for the purpose of conducting elections to the Managing Committee of the said Society. According to the fresh election programme, the poll was to take place on 28-2-1982. It would appear that the writ petitioners who are 149 in number, were admitted as Members of the Society after 17-10-1981 by the part-time Officer incharge to manage the affairs of the Society. The writ petitioners claimed that as per the Rules governing the Society they became entitled to participate in the elections as and when they are held. Their contention in the writ petition was that the Co-operative Society Act and the Rules made thereunder do not provide for holding elections, from the stage of nominations when the elections were adjourned by the Election Officer due to the snatching away of the nomination papers and other records on 17-10-1981 and that if the elections are held on the basis of the clarification issued by the Government in its Memo mentioned above, they would be deprived from contesting and voting in the election, though they are eligible to participate in the ejections as per the Rules

(3.) Our learned brother P.A.Choudary, J. negatived the contentions of the Writ petitioners holding that the election process which has been started by the issuance of a notification but which could not be completed for reasons beyond the control of those who are incharge of the election, must be now continued on the basis of the old voters' list only. He further held that the present elections which are now being held are to be counted as merely a continuation of the elections which had been notified on 25-9-1981.