M A R V S SAI BABU Vs. COMMISSIONER AND REGISTRAR OF CO OP SOCIETIES GOVERNMENT OF ANDHRA PRADESH HYDERABAD

JUDGEMENT

(1.) The writ petitions have been filed questioning the action of the authorities, be it the Government or the District Collectors, installing the election to the Committees of the respective Co-operative Societies by invoking the power under Rule 22-AAA of A.P.Co-operative Societies Rules. The said rules have been framed by virtue of rule-making power under sub-section (1) of Section 130 of the A.P.Co-operative Societies Act, 1964 which reads:

(2.) Hitherto, the tenure of the Committees elected was three years, but the same has been increased to five years. The societies concerned in this batch of writ petitions had elected Committees to manage their respective societies, but their term had expired and as such, elections were to be conducted. The election au thority has issued notification appointing Election Officers and the dates for elections were set. But, later on, they were stayed by virtue of the orders passed by the Government in some cases and by the District Collectors in some others. The details are mentioned below: <FRM>JUDGEMENT_233_ALT2_1999Html1.htm</FRM>

(3.) The Election Authority notifies the date of election and arranges conduct of elections in the manner prescribed in the rule. The relevant rule is Rule 22 of A.P.Co-operative Societies Rules framed in exercise of the rule-making power mentioned above. The Election Authority for the class of societies specified in Section 31(3)(a) of the Act is the Registrar i.e., the main Registrar referable to Section 3(1) and for all other class of societies, it is the Collector of the District in which the head office of the society is situated. The Election Authority shall be in-charge of formation of constituencies and to appoint Election Officer for each society, and communicate such appointment to the President or Chief Executive of the society by registered post acknowledgment due and time for such communication varies having regard to the class of societies. The constituencies have to be formed in accordance with sub-rule (2) and the preparation of list of members eligible to vote has to be made and every person who is a member of the society thirty days prior to the date of poll shall only be eligible to vote. The Election Officer is enjoined to issue a notice of election and communicate it by registered post by acknowledgement due, to the President or Chief Executive of the society within the time stipulated and stipulation of time also varies having regard to the nature of the societies. The next stage is nomination and every member whose name is found in the voters list is entitled to file nomination. The nominations will be scrutinised by the Election Officer on the appointed day and time and if he finds that the nominations have to be rejected because of the non-compliance of the legal provisions, he will reject. If the nominations are found in order, he will display the list ot valid nominations. At that stage i.e., before voting, if the number of candidates are in excess of the posts, then alone the poll will be held. Otherwise, the candidates have to be declared as having been elected, as no poll is necessary, when the number of candidates are less than the number of posts. It is needless to mention that in a case of direct election, if there is more than one contestant, necessarily election has to take place. The poll has to be held as scheduled and it cannot be adjourned except when the same is interrupted or obstructed by a riot or affray or by causes beyond the control of the Election Officer. This is for pre-poll situation. Again during the process of voting, if the proceedings are obstructed by any riot or for any other sufficient cause, the Election Officer has got the power to stop the polling after recording his reasons for such an action. Even after polling, where counting of votes is rendered impossible on account of obstruction or loss of poll boxes or any other sufficient reasons, the Presiding Officer shall adjourn the poll and submit immediately a detailed report of the circumstance to the authority who appointed him as Election Officer and within 15 days from the date on which the poll is adjourned, the Election Officer shall communicate to the Members in any of the modes specified in clause (b) of sub-rule (4) the place, date and time at which the poll shall be held afresh and results declared. But the poll so conducted afresh can only be among the contestants of the adjourned election and with the voters who were enlisted for the adjourned election. After the poll or repoll as mentioned above, results of the same are declared and the Committee is constituted with the Office Bearers and then the management is entrusted to the said elected body.