HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.30010 of 2014 Date:08.10.2014 Between:
Dasari Gangadhara Rao, S/o Ramachandra Rao . Petitioner And:
The Govt of A.P., reptd by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Hyderabad and two others.
. Respondents Counsel for the Petitioner: Sri L.V.S.Nagaraju Counsel for Respondent No.1: AGP for Fisheries of Government of Andhra Pradesh The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to set aside proceedings in Exp.Memo.Roc.No.606/T5/2013, dated 28.08.2014, of respondent No.2, whereby he has informed respondent No.3 that as the term of its Executive Committee has expired, necessary steps for conducting elections shall be taken and a report be submitted to the Government.
The petitioner was elected as Chairman of the District Livestock Development Association of West Godavari District-respondent No.3 for a period of three years commencing from 29.03.2010. As per the bye-laws, as were in force at that time, the term of the elected body was only three years. Subsequently, in the 13th Annual General Body meeting of the Andhra Pradesh Livestock Development Agency, Hyderabad-respondent No.2 held on 19.12.2012, certain amendments were made to the Rules and Regulations of District Livestock Development Associations. One such amendment relates to the term of the Chairman and the members of the Executive Committee under Rule-4.3.0. As per the said amendment, the term of the Chairman and the Executive Committee members has been fixed as five years instead of three years. The same was placed before the State Government of Andhra Pradesh-respondent No.1 for according its permission to amend the Rules and Regulations of the District Livestock Development Associations/Andhra Pradesh Livestock Development Agency.
Respondent No.1 issued G.O.Ms.No.2, Animal Husbandry, Dairy Development and Fisheries (AH.III) Department, dated 05.02.2014, inter alia, approving the amendment relating to the term of the Chairman and the Executive Committee.
Sri L.V.S.Nagaraju, learned counsel for the petitioner, submitted that as a result of the amendment brought out to the Rules and Regulations of respondent No.3, the term of the Chairmen and the members of the Executive Committees of all the District Livestock Development Associations including that of respondent No.3 stood extended to five years and that therefore, the impugned proceedings, whereby respondent No.3 was directed to hold fresh elections, is contrary to the amended Rules.
I am afraid, I cannot accept this submission. From a perusal of resolution, dated 19.12.2012, passed by respondent No.2 and G.O.Ms.No.2, dated 05.02.2014, there is nothing to suggest that the amendment to the Rules and Regulations governing the term of the elected Chairman and the Executive Committee members of the District Livestock Development Association was given retrospective operation. The right of an elected member for a specified term being substantive, unless the amendment is given retrospective operation, either expressly or by necessary implication, such a retro activity cannot be read into the amendment. The petitioner having been elected for a specified term cannot expect a windfall through extension of his term beyond the period for which he was elected in the absence of the amendment being given retrospective effect.
In this view of the matter, I do not find any merit in the submission of learned counsel for the petitioner that the above-mentioned amendments have automatically extended the term of the petitioner, viz., the Chairman and members of the Executive Committee of respondent No.3.
For the above-mentioned reasons, the Writ Petition is wholly misconceived and the same is, accordingly, dismissed.
As a sequel to dismissal of the Writ Petition, W.P.M.P.No.37496 of 2014 filed by the petitioner for interim relief stands dismissed as infructuous.
08th October, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY