JUBILEE HILLS CO OPERATIVE HOUSE BUILDING SOCIETY LTD Vs. DISTRICT COLLECTOR CO OPERATION CUM ELECTION AUTHORITY

JUDGEMENT

(1.) The impending elections to M /s. Jubilee Hills Co-operative House Building Society Ltd., (hereinafter referred to as 'the Society) and the preparation of electoral list including therein about 1375 members admitted by the President/ Chairman of the Committee in the year 1991 has led to the filing of these writ petitions.

(2.) The facts of this case reveal that this Prime Housing Society which is perhaps the biggest of its kind in the State having its area of operation over a sprawling extent of Ac. 1200-00 of land inhabited by urban elite and prominent and eminent personalities from different walks of life is no exception to the usual election eve tactics adopted by one group or the other to capture the power of management. The case also brings to focus the deficiencies and inadequacies in the Andhra Pradesh Co-operative Societies Act, 1964 (here in after referred to as 'the Act') and the Rules made thereunder in matters relating to admission of members and preparation and publication of voters list, emphasising need and expediency of overhauling the provisions to check misuse of power and manipulations. Though I am not inclined to interfere with the electoral process which has already reached an advanced stage in view of the disputed questions involved and the inherent limitations on my jurisdiction under Article 226 of the Constitution, I am not prepared to say that the allegations and contentions of the petitioners are wholly devoid of substance or utterly untenable. Perhaps, they may require probe by the concerned statutory authority or Tribunal, but it is not possible for me to record my findings in these writ petitions.

(3.) At the outset, I may mention that when the W.P.M.Ps for staying the elections to the Society came up for hearing the matter was heard at length and all the Counsel agreed that the main writ petitions themselves could be disposed of.