GOGINENL MALLIKARJUNA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners, three in number, are seeking writ of mandamus to declare R.22(3)(a) of the Andhra Pradesh Co-operative Societies Rules, 1964 (for short, "the Rule") as illegal, ultravires and unconstitutional with a consequential direction to the respondent to allow the petitioners and other members of Tenali Municipal Secondary Teacher's Co-operative Credit Society, admitted on December 3, 1985, to vote and cotest in the election of the Managing Committee of the said Society, to be held on January 12, 1986. The election was held, but declaration of its result has been stayed.

(2.) The facts, not in dispute, are thuss The petitioned and others were admitted as members of the afore-stated Society on December 3, 1985. Thereafter, the Government have lifted the bank to conduct elections to the Societies under the Andhara Pradesh Co-operative Societies Act (Act VII of 1964), for short, "the Act". On becoming aware of lifting of the ban by the Government, they requested the competent authority to postpone the election, In the Interregnum, the Registrar has appointed Election Officer to the aforestated society and fixed the date of election as January 12, 1984. The petitioners made successive representations, one on December 9, 1985, followed by another on December 13, 1985, to the Registrar of. Co-operative Societies reiterating the request to postpone the elections beyond January 17, 1986 on which date they would complete 45 days for becoming eligible to participate in the election, but in vain. As a result, the petitioners filed the Writ Petition on December 17, 1985 and this Court has ultimately directed that the election shall go on but its result shall be withheld, and the Writ Petition has been posted for hearing.

(3.) The petitioners have raised two-fold contentions. It is firstly contended that R. 22(3)(a) of the Rules is ultravires of the rule making power. Alternatively it is contended that -the fixation of forty- five days prior, to the date of poll to be a member of the Society as - eligibility is an Arbitrary exercise of power and has no nexus to the purpose of conducting election.