UPPUTURI RAMA MOHAN RAO Vs. ELECTION OFFICER

JUDGEMENT

(1.) The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:

(2.) There is a Primary Agricultural Cooperative Credit Society (PACCS) at Jonnalagadda Village, Narasaraopet Mandal, Guntur District, consisting of Jonnalagadda, Dondapadu, Rangareddipalem, Kesanapalli, Kothapalem and Narsaraopet villages within the area of operation of the Society. The principal seat of the Society is situated at Jonnalagadda. It is the contention of the petitioner herein that Sec. 19 (1) of the A.P. Cooperative Societies Act, 1964 (for short hereinafter called as 'Act'), prescribed 'Eligibility for Membership' subject to the provisions of Sec. 21 (a) of the Act. As per the Sec. 21(a) of the Act, an individual who should attained majority and is of sound mind and who belongs to a class of persons, if any, for whom the Society is formed as per its bye-laws and who possess such qualifications as may be specified in the bye-laws or as may be prescribed for the concerned class of Societies in the interest of Cooperative movement. And also indicates that one shall hold hold an agricultural land either as an owner or a tenant in the area of operation of the said Society, in such a manner as may be prescribed.

(3.) Earlier to 2005 as per bye-laws of P.A.C.S./P.A.C.C.S. every person who is dependent on agriculture is entitled to become member of the Society and avail its services. And Sec. 25 (1-A) was added by A.P. Act, 22 of 2001, which reads thus "A member of a Society shall be eligible to exercise the right to vote only if he:- (a) contributes a minimum share capital as may be prescribed". Rule 18 of A.P. Co-operative Society Rules 1964 as amended by G.O.Ms.No. 37 dtd. 28/1/2002 prescribes that a member of a Society shall be eligible to exercise the right to vote only if he subscribes a minimum share capital of Rs.300.00.