HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.32068 of 2014 Date : 4-12-2014 Between:
Velugu District Samakya and others ..
Petitioners and The State of Andhra Pradesh, Represented by its Principal Secretary, Co-operation Department, Secretariat, Hyderabad and others ..
Respondents Counsel for petitioners : Mr. K.S. Murthy for Mr. Ch. Venkata Narayana Counsel for respondent Nos.1 & 2 : Assistant Government Pleader for Co-operation (AP) The Court made the following:
ORDER:
This Writ Petition is filed for a mandamus to set-aside proceedings in Rc.No.18/IB/Trainings/2012-13, dated 20-9- 2014 of respondent No.4 whereby he has issued certain instructions to the District Level/Cluster Level staff allocated to the village societies for overseeing certain activities such as reading out of annual report in the annual general body meetings, audit reports and ensuring their approval and for ensuring holding of elections to office bearers from out of the eligible persons etc.
The basic plea of the petitioners in this Writ Petition is that the petitioners being Mutually Aided Co-operative Societies, it is only the Registrar under the A.P. Mutually Aided Co-operative Societies Act, 1995 (for short “the Act”) or the functional Registrar, who alone has jurisdiction to issue directions to hold elections and that respondent No.4 has no such jurisdiction to conduct elections.
Respondent No.4 has filed a counter affidavit wherein he has denied that the impugned circular was issued for holding of elections. He has clarified that the said circular was issued to appoint officers to oversee conduct of Maha Sabhas of Mandal Samakhyas and V.Os. effectively and to see that the Bye-laws are followed in full spirit enclosing the instructions issued by Society for Elimination of Rural Poverty (SERP). He has further pointed out that the petitioners themselves have admitted that the elections to their societies shall be conducted before the expiry of the term of the outgoing Directors. Respondent No.4 has pointed out that the tenures of all the Presidents of the petitioners have expired and that in order to cling to the offices out of their greed and selfishness they have filed this Writ Petition to see that the elections are not held.
This Court by order dated 13-10-2014 in W.P.No.26190/2014 has held that respondent No.4 has no jurisdiction to hold elections. In his counter affidavit, even respondent No.4 has denied issuing the impugned circular with a view to get the elections conducted. In view of this stand taken by respondent No.4 and in the light of the order dated 13-10-2014 in W.P.No.26190 of 2014 referred to above, it needs to be held that respondent No.4 has no jurisdiction to hold elections. However, if the elections are due for the petitioners and they have been held, no exception can be taken to such elections. If at all the out- going Presidents or any other person connected with the societies feel that appropriate procedure has not been followed or that the elections are affected by any other illegality, they shall be free to avail appropriate remedy under the Act.
Subject to the above observations, the Writ Petition is disposed of.
As a sequel to the disposal of the Writ Petition, WPMP No.40096 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 4-12-2014 AM