Y ANKESWARA REDDY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) these two writ petitions raise common questions and therefore, this judgment will dispose them of W.P. No. 6383 of 1987 pertains to rajpur primary agricultural co-operative society and W.P. No. 6384 of 1987 pertains to adurupally primary agricultural co-operative society. In respective of the rajpur P.A.C.S., 2029 applications from persons seeking membership of the society were presented before the collector (the election authotity) on 16-5-1987 alleging that the person-in-charge was not available on 14-5-1987 and even on 16-5-1987, inspite of their best efforts to meet him, they could not, since he was not present in the office and therefore, they requested the collector to admit them as members. Same is the situation in respect of the adurupally pacs the only difference being that in the case of the latter, the number of applications was 1,080. The collector received both sets of applications and the prescribed money and passed on the same to the divisional co-operative officer who, at the meeting of persons-in-charge held on 17-5-1987 handed over the applications and the money fo the concerned persons-in-charge of the two societies and instructed them to admit the persons as members. On 18-5-1987 the persons-in-charge admitted the aforesaid 2,029 persons in respect of the raipur pacs and 1,080 persons in respect of adurupalli p.a.c.s.

(2.) under Rule 22(3) of the andhra pradesh co-operative societies Rules 1964 (hereinafter referred to as 'the Rules') every persons who is a member of the society 45 days prior to the date of poll shall only be eligible to vote. The election notification was issued on 30-5-1987 fixing the date of poll as 30-6-1987. 45 days time limit for eligibility to vote expired by 16-5-1987. As the aforesaid persons were admitted as members only on 18-5-1987, they were not eligible to vote in the elections scheduled to take place on 30-6-1987. Therefore, the two writ petitions were filed seeking a direction that those who have applied for membership of the societies on 16-5-1987 shuld be permitted to participate in the elections. A single judge of this court admitted the writ petitions and granted interim stay on 5-6-1987. After hearing both sides, the interim stay was made absolute. It appears that the stay orders granted by this court were not communicated to the election officer (immediately) and this delay had ensued in 27 persons from filing nominations. Aggrieved by the interim orders, two writ appeals nos. 798 and 799 of 1987 were filed.

(3.) Sri Chandra Mouli, the learned counsel for the writ petitioners contends that as the persons-in-charge who were competent to admit members, were absent from 14-5-1987 onwards, the persons desirous of becoming members had no option except to approach the collector, and the collector as the election authority has power to direct the persons-in-charge to admit members. In as much as the applications were presented before the collector on 16-5-1987, although the date of admission was given by the persons-in-charge as 18-5-1987, the date of admission relates back to the date of presentation of the applications. On the other hand, Sri Ashok, the learned counsel for the contesting respondents, submits that the date of presentation cannot be the criterion for determining the date of membership and unless a person became a member 45 days prior to the date of poll, he was not eligible to vote; he therefore, contends that all the persons who were made members on 18-5-1987 were net eligible to vote.