VADLAMUDI DURGA PRASAD Vs. PARUCHURI VENKATESWARA RAO

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari to call for records relating to the order dated 22.2.2006 in O.P. No.41 of 2005 on the file of the A.P. Co-operative Tribunal, Warangal and to quash the same being arbitrary and illegal.

(2.) The facts, in brief, are as under:

(3.) Election to the Managing Committee of the 6th respondent-Bank was held on 21.10.2005. It is not in dispute that the petitioner as well as respondents 1 to 4 herein were elected as members of the managing committee, which consists of 13 members in all. Thereafter, the 5th respondent-Election Officer issued notice in Form XIII calling upon the elected members to elect office bearers. In pursuance thereof, petitioner as well as respondents 1 to 4 filed their nominations for the post of the President. However, the 5th respondent-Election Officer rejected the nominations of respondents 1 to 4 on the ground that a member can either propose or second one candidate only; whereas, the nominations of respondents 1 to 4 were proposed and seconded by the very same persons. That apart, so far as 2nd respondent is concerned, it was found that he had not only proposed respondents 1, 3 and 4, but he himself filed nomination for the post of the President. Thus, having rejected the nominations of respondents 1 to 4, the 5th respondent-Election Officer declared that the petitioner was elected unanimously as the President. Aggrieved by the said action of the 5th respondent in rejecting the nominations of respondents 1 and 2, O.P. No.41 of 2005 was filed before the A.P. Co-operative Tribunal, Vijayawada with a prayer to set aside the election of the petitioner (arrayed as respondent No.1 in O.P.No.41 of 2005) as the President of the Bank and to direct the Election Officer to hold fresh election for the post of the President.