KAAMAREDDY SURYANARAYANA Vs. DISTRICT CO OPERATIVE OFFICER CUM ELECTION OFFICER WEST GODAVARI CO OPERATIVE SUGARS LIMITED

JUDGEMENT

(1.) Writ Petition No. 3308/75 was dismissed in limine at the admission stage. The present writ appeal is filed against it. When the writ appeal came up for final hearing before our learned brothers, Justice Alladi Kuppuswami and Justice K. Jayachandra Reddy, one of us, the Bench referred the matter to a Full Bench. This is how the Writ Appeal is before us.

(2.) The writ petition is directed against the order dated 19-6-1975 passed by the District Co-operative Officer, the lst respondent herein, in his capacity as the Election Officer of the West Godavari Co-operative Sugars Limited, Surappagudem (Bhimadole), West Godavari District (hereinafter referred to as the Society). The Society was registered in the year 1957 under the Andhra Pradesh (Andhra Area) Co-operative Societies Act, 1932 (hereinafter referred to as the Old Act), which was subsequently repealed and re-enacted by the Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter referred to as the New Act) which came into force on 25th February 1964. Sri Kommareddy Suryanarayana the lst petitioner in the writ petition (the parties will be referred to as per their description in the writ petition) was appointed by the Registrar of Co-operative Societies as one of the members of the nominated committee of the Society which is to mange the affairs of the Society and was continued upto 30-12-1962. It appears that the Society was not functioning from 31-12-1962 to 2-11-1968 without there being any Committee or persons-in-charge to manage its affairs. Thereafter persons-in-charge were being appointed from time to time upto 1-7-1972 on which date the committee elected for a term of three years to manage the affairs of the Society came into being. During most of the period, from 2-11-1968 upto the date of the election of the Committee, the lst petitioner was also being appointed as person-in-charge either singly or along with others. The lst petitioner was also one of the members of the elected committee which came into being on 1-7-1972 for a term of three years. According to the provisions of the Act, executive management of the affairs of the Society shall vest in a Board of Directors which shall consist of 19 directors as mentioned in bye-law No. 19 of the Bye-laws of the Society and as mentioned in by-law No. 20 the members of the Board shall elect from among themselves a President and Vice President. The lst petitioner was also elected as President of the Board of Directors of the elected Committee which functioned during the period from 1-7-1972 to 30-6-1975.

(3.) As the term of the elected Committee was to expire by 30-6-1975 and a new Committee had to be elected by the General Body of the Society, the lst respondent was appointed as Election Officer to conduct the elections of the members of the Committee of the Society. The lst respondent called for nominations the last date for filing the same being 18-6-1975. The date 19-6-1975 was fixed for scrutiny of the nominations. The last date for withdrawal of the nominations was 20-6-1975. The election was fixed to take place, if necessary, on 26-6-1975. The lst petitioner filed his nomination for the election of a member of the committee. On 19-6-1975 during the scrutiny of the nominations, the 3rd respondent raised objections to the lst petitioners nomination alleging that he was appointed by the Registrar of Co-operative Societies as one of the members of the nominated Committee which continued till 30-12-1962. Subsequently he was also nominated by the Registrar as person-in-charge of the Society in October, 1968 and continued in that capacity till 30-6-1971 either singly or along with others. He was thereafter elected as one of the members of the first elected Committee and held office fro 1-7-72 to 30-6-1975 and he became the President of that Committee also. Section 21-C of the Act prescribes a condition that a person who has held office as a member of the Committee for two consecutive terms shall not be eligible for being chosen as a member of the Committee for a third term in continuation. Therefore, the lst petitioner is not eligible to be elected as it would be a third consecutive term for him.