RABI UMAMAHESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner, learned Government Pleader for Co -operation (A.P), and the learned counsel appearing for the Caveators.

(2.) THE petitioner is an agriculturist and he is one of the members of the Nandipadu Primary Agiculture Cooperative Society, Nandipadu, Maddipadu Mandal, Prakasham District (hereinafter referred to as the Society). The petitioner is said to be a prospective candidate to contest for the post of President of the said Society in the ensuing elections after being elected as a member of the Society. The period of the Managing Committee expired in the month of February, 2015. Thereafter, the 2nd respondent commenced the process of conducting elections to the Managing Committee. Accordingly on 21.3.2015, the 2nd respondent issued proceedings by appointing one Sri P.Rama Rao, Assistant Registrar, office of the District Cooperative Office, Ongole as Election Officer and election schedule was also issued. On 25.3.2015, the Election Officer issued proceedings directing the 6th respondent to produce the records and also voters list. The 6th respondent prepared voters list and published the same on 31.3.2015 inviting the objections on or before 6.4.2015. In pursuance of the same, the petitioner made a representation dated 6.4.2015 to the 6th respondent to enquire into the voters list by furnishing the details about the eligibility of the voters belonging to several villages whose lands were acquired by the Government and were submerged under the project.

(3.) IT is submitted by the petitioner that for the reasons best known to him, the 6th respondent prepared the voters list and handedover the same to the 5th respondent, without verifying the eligibility of the voters. Thereafter, the petitioner made complaint to the 5th respondent bringing to his notice that the 6th respondent without considering his objections simply prepared the voters list. According to the petitioner to become member of the society as per Rule 14(2) of the A.P. Co -operative Society Rules, 1964 (hereinafter called Rules), one shall hold agricultural land in the area of operation of the Society, either as a owner or as a tenant. Further, there are certain disqualifications for the members which disentitle them to become the voters of the society. Under Rule 18 of the Rules, one of the conditions to become eligible to vote in the election is that the member should not be a defaulter. Alleging that the 6th respondent prepared the voters list with ineligible members, the petitioner submitted another representation dated 9.4.2015 to the 5th respondent who is the competent authority under Rule 22(vi) of the Rules to consider his objections. It is said that for extraneous considerations and being influenced by the members of a political party, the 5th respondent did not consider the objections made by the petitioner.