WP/28146/2007 of Y.Ravindranath Vs The Krishna Zilla Parishad Employee Co-operative Credit on 28 December 2007

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 28146of2007

DATED: 28.12.2007

Between:

Y Ravindranath and ors petitioners

And

The Krishna Zilla Parishad Employees Cooperative Credit Society Ltd,Chilakalapudi, Machilipatnam, Krishna DistrictRep by its Part Time Person Incharge and Assistant Registrar/Superintendent, O/o Divisional Coop officer, Machilipatnam and another Respondents THE HON’BLE SRI JUSTICE N.V. RAMANAW.P. No.28146 of 2007

Oral order:

The present writ petition is filed questioning the proceedingsdated 20.12.2007 appointing the election officer to conduct theelections to the first respondent society, as illegal and arbitrary.

The petitioners herein are members of the first respondentsociety. The Part Time Person Incharge of the first respondentsociety issued notice dated 23.11.2007 for submission of PhotoIdentity Cards attested by the concerned officer. The petitionersalleges that the jurisdiction of the first respondent society is entireKrishna district and since individual notices were not given, themembers could not submit photo identity cards in time i.e., 5.12.2007. While so, the first respondent issued proceedings dt 20.12.2007 appointing the second respondent as Election Officer. The petitioners contend that in terms of Rule 22 (2) (a) of the A.P.Cooperative Societies Act, 1964 (the Act) the District Collector shouldbe election authority and any employee of the Government is to beappointed as Election officer and the impugned orders dated20.12.2007 are illegal, since a Retired Deputy Registrar is appointedas Election Officer. Hence, the present writ petition.

The learned Government Pleader for Cooperation submittedthat in terms of Rule 22 (1) (a) of the Act, the Government has no roleto play with regard to the conduct of elections in respect of societieswhich are not in receipt of State aid and since no State aid is beingprovided to the first respondent society, the appointment of secondrespondent as Election Officer, cannot be said to be illegal.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Co-operation.

Rule 22 (1) (a) of the Act, prescribe that the incumbentmanaging committees shall themselves conduct and hold elections tosocieties which are not in receipt of State aid as specified undersection 43 of the Act, as per the procedure laid down in their bye-laws well before the expiry of the term of the existing managingcommittee. Apart from that Section 61(3) of the A.P. Co-operativeSocieties Act, 1964, states that every dispute relating to, or inconnection with any election to a committee of a society shall bereferred for decision to the Tribunal having jurisdiction over the placewhere the main office of the society is situated, whose decision shallbe final.

Hence, there are no merits in the writ petition warrantinginterference of this Court and accordingly, the same is dismissed. However, the petitioners are at liberty to approach the Co-operative Tribunal under Sections 61(3) and (4) of the A.P. Co-operative Societies Act, if so advised. No costs.

Dated: 28[th] December, 2007.

tvk

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N.V. RAMANA, J.

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 28146of2007

DATED: 28.12.2007