L.SHIVASHANKAR REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for declaring G.O.Rt.No.839, Agriculture & Cooperative (Coop.VI) Department, dated 14-06-2013 issued by the 1st respondent and the consequential proceedings Rc.No.5541/2013/Election Cell, dated 14-06-2013 issued by the Registrar of Cooperative Societies, A.P., Hyderabad, the 2nd respondent and the notification dated 16-06-2013 issued by the Election Officer, the 5th respondent as illegal and void and for consequential direction to the respondents to hold election to the Managing Committee of the District Cooperative Central Bank Limited, Ananthapur with only non-defaulter PACSs as per the provisions of the A.P. Cooperative Societies Act, 1964 and the Rules made thereunder.

(2.) The case of the petitioner is that the petitioner was elected as President of Gollalacheruvu Primary Agricultural Cooperative Society in the elections to all Primary Agricultural Cooperative Societies (PACS) in A.P. State including 103 PACS of Ananthapur District held in January/ February 2013. Thereafter, the 2nd respondent issued notification dated 11-02-2013 under Section 31 (3) (a) read with Rule 22-D (2)(a) and appointed the 4th respondent as the Election Officer, who issued election schedule to elect the Managing Committee of DCCB, Ananthapur. The Chief Executive Officer, District Cooperative Central Bank, who is the 6th respondent herein, furnished list of eligible members to the said Election Officer on 13-02-2013 containing 50 non-defaulter Societies prepared in accordance with the proceedings given by the 2nd respondent to all the CEOs of DCCBs vide Rc.No.3106/2013-Election Cell, dated 04-02-2013 and thereafter, the 2nd respondent postponed the election in exercise of the power under Rule 22-C (1)(iii) of the A.P. Cooperative Societies Rules, 1964 (for short "the Rules") vide proceedings dated 13-02-2013. Challenging the said proceedings one of the non-defaulters viz., P. Ramasubba Reddy, President of Rachanapalli PACS filed W.P.No.5209 of 2013 and the same was disposed of directing the respondents to complete the election process within two months from the date of the order.

(3.) It is further stated that instead of recommencing the election process from the stage at which it was stopped as mandated by Rule 22-C (b) of the Rules and the undertaking given to the court by the official respondents and as per the judgment dated 12-04-2013 in W.P.No.5209 of 2013, the 1st respondent in G.O.Rt.No.839, Agriculture & Cooperation (Coop.IV) Department, dated 14-06-2013 in purported exercise of the powers under Section 123 of the Act and Rules 67 and 75 (4) of the A.P. Cooperative Societies Rules, exempting the default PACS in Ananthapur District from the operation of clause (iii) of second proviso to sub-section (1) of Section 21-A and Section 21 (1-A) (d) of A.P. Cooperative Societies Act (for short "the Act") and the Rule 18 (D) and 75 (2) of A.P. Cooperative Societies Rules, duly invoking the powers vested under Section 123 and Rules 67 and 67 (14) of APCS Rules to enable the default PACS to participate in the election of District Level Societies i.e. Financing Bank. It is further stated that pursuant to the said G.O., consequential order dated 14-06-2013 was passed by the 2nd respondent wherein he changed the Election Officer and authorised the 5th respondent to recommence the election process of DCCB Ltd., Ananthapur, from the stage at which it was stopped and the 5th respondent was appointed since the 4th respondent was transferred from the post of DLCO, Hindupur in May, 2013 and he was on leave and the Election Officer issued fresh election schedule. Thereafter, the Election Officer, besides issuing notification on 16-06-2013 prepared the voters list containing 104 members including 54 default PACS. Challenging the said G.O.Rt.No.839, dated 14-06-2013 and the consequential proceedings dated 14-06-2013, the present writ petition has been filed.