M RAMCHANDRA REDDY Vs. GOVERNMENT OF A P

JUDGEMENT

(1.) Heard both sides and perused the material on record.

(2.) The petitioners claim to be the members of the third respondent-Sri Venkateswara Co-operative House Building Society for A.P. Legislators Limited. It is stated that since no elections were conducted to the Managing Committee for the past many years, Persons-in-charge were being appointed by the Government from time to time. In pursuance of the repeated requests made by the members of the society, ultimately the respondent authorities decided to hold elections and accordingly vide proceedings dated 23-12-2004 the District Collector, who is the Election Authority has appointed the 2nd respondent - The Deputy Registrar as Election Officer. In pursuance thereof, the 2nd respondent vide proceedings dated 3-2-2005 announced the election programme, according to which the election date was fixed as 22-2-2005. However, the 1st respondent-Government of A.P. vide Memo dated 11-2-2005 stayed the elections scheduled and the same was informed to the members of the society by the 2nd respondent by notice dated 12-2-2005. The said proceedings of the 1st respondent dated 11-2-2005 as well as the order of the 2nd respondent dated 12-2-2005 are under challenge in this writ petition contending that the same are contrary to law and without jurisdiction.

(3.) The learned Counsel for the petitioner vehemently contended that since the 1st respondent has no power or authority to interfere with the election process, the impugned order dated 11-2-2005 is ex facie illegal and without jurisdiction and therefore liable to be set aside.