PRATHIPATI BHAGYAMMA Vs. ELECTION OFFICER

JUDGEMENT

(1.) In all these writ petitions the petitioners are aggrieved by rejection of nomination or improper acceptance of nomination by the designated Election Officer in the elections for various co-operative societies. The Government of Andhra Pradesh announced elections to co-operative societies on 5.10.2005. Pursuant thereto, all the Election Officers issued notice of election prescribing the schedule. Election notice was issued on 6.10.2005. The last date for filing nominations is 14.10.2005 and scrutiny of nominations was on 16.10.2005. After scrutinizing the nominations as per the provisions of Rule 22 of the A.P. Co-operative Societies Rules, 1964 (for short, the Rules), as amended by G.O. Ms. No.223, dated 27.6.2005 and G.O. Ms. No.324, dated 29.7.2005 the Election Officer is required to publish the list of valid nominations, allot symbols, and conduct elections. The election is scheduled to be conducted on 22.10.2005 or on 26.10.2005.

(2.) In W.P. No.22557 of 2005, the petitioner is a member of Primary Agricultural Co-operative Society (PACS), Muppulla in Guntur District. She filed nomination on 14.10.2005. Her nomination was rejected by the Election Officer. In the communication issued on 16.10.2005 by the Election Officer, it was mentioned that on a complaint given by one of the candidates, when the Panchayat Secretary enquired, the petitioner stated that she did not go to the Office of the Election Officer and that she did not sign the nomination papers. The petitioner contends that the Election Officer rejected the nomination without recording the statement of the petitioner and therefore it is illegal. She also asserts that petitioner indeed filed her nomination.

(3.) In W.P. No.22566 of 2005 there are two petitioners. They are members of Gowada PACS, Addanki Mandal, Prakasam District. First petitioner filed nomination for Member of Managing Committee for 6th Ward and second petitioner filed nomination for 5th Ward. They alleged that in the list of valid nominations in Form-V prepared on 15.10.2005 their names were found, whereas subsequently on the same day their nominations were deleted in Form-IV, mentioning that they paid the arrears due to the society on 14.10.2005 and therefore their nominations were rejected. It is contended that the Election Officer became functus officio after publishing Form-IV and therefore the rejection is illegal.