GUGGILLA RAJA NARSIMULU Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) SOME of the members of the Toddy Tappers Cooperative Society, Metpally, Karimnagar District appear to have represented to the Deputy Election Authority -cum -Prohibition & Excise Superintendent, Jagtial that if the election is conducted by the method of showing the hands, those who are not favourably disposed towards some people are being routinely subjected to threats and hence, prayed for conducting the election by secret ballot method.

(2.) LEARNED counsel for the petitioner Sri Venumadhav would submit that the Society itself has passed an unanimous resolution, at its meeting held on 25.06.2014, that the election shall be conducted by adopting the method of show of hands. Therefore, contrary to the Resolution passed by the Society, the election authority cannot conduct the election by adopting the secret ballot method. Rule 22 -B of the Andhra Pradesh Cooperative Societies Rules deals with the mode of election of members of the Committees of weaker section societies or societies having a small number of membership. Clause (a) thereof clearly spelt out that the voting of the members of the Committee of the weaker section societies or societies having a small number of membership may be done by show of hands at the general meeting convened for election and thereafter, provided for the detailed procedure to be adopted in that regard.

(3.) THE learned counsel for the petitioner would submit that the total membership strength of the society herein is 250 and hence, this is a small number. Consequently, the method of electing by show of hands should have been adopted. The learned counsel would further submit that the spirit behind the Rule is to ensure that the precious money of the society is not unnecessarily wasted by indulging in printing of ballot papers and thus, money, time and energy in that regard can be saved. However, the learned Government Pleader Sri Arun would point out that clause (b) of Rule 22 -B of the Rules provided for contingent circumstances. Clause (b) sets out that if there is any disturbance in conduct of poll, then the Election officer shall stop the proceedings and shall send a report to the Election Authority, who will then order for conduct of repoll on any other day to be specified by issuing a notice. The Election Authority may conduct the election by secret ballot. Therefore, the learned Government Pleader would urge that it is not as if that the election cannot be conducted by the method of secret ballot.