VOOTHLA RAGHAVAIAH Vs. BANDARU PRASADA RAO

JUDGEMENT

(1.) The question in this writ petition is whether the requirement of 15 clear days notice prescribed by clause (d) of Sub-rule (2) of Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964 is mandatory, and whether an election held with a shorter notice is liable to be declared void. Clauses (d) and (e) of Rule 22 (2), as they stood at the relevant time, read as follows:-

(2.) In computing the fifteen dear days, it is not in dispute that both the date of issuance, as well as the date of election, should be excluded.

(3.) Clause (d) required that "not less than fifteen clear days notice shall be given to the members". One question is: what is the meaning of the expression 'given' ? Does it signify the date of despatch by post under certificate of posting, which is permitted by clause (e), or whether it means the date of actual receipt of the notice by the members ? Learned Counsel for the respondents (election-petitioners) contends that the expression 'given' means the date of receipt of the notice by the members and not the date of despatch, while the contention of the learned counsel for the petitioners is that, inasmuch as clause (e) permits the sending of notices by post under certificate of posting, the expression 'given' in Clause (d) must be understood as the date on which the notices are posted, Learned counsel for the respondents (election-petitioners) relies upon the decision of Amareswari, J. in W P No. 2643/78, dated 4.9 1973, wherein the learned Judge held that the expression 'given' means the date of receipt of the notice, or a reasonable opportunity of receiving the notice. The learned Judge purported to follow the decision of the Supreme Court in Narasimhaiah Vs Singri Gowda (1) AIR 1966, S C 330 ard certain other decisions. However, it is unnecessary for me to express any opinion on this question, for the reason that, even if the said expression is understood as meaning the date of despatch of notice by post under certificate of posting, even then the notice issued in this case does not vive fifteen clear days notice, as required by clause (d).