Rangoli Lakshmana v. Government of Andhra Pradesh, Co-operative Department, Rep. byits District Collector (Coop. ), Vizianagaram District
2008-09-02
L.NARASIMHA REDDY
body2008
DigiLaw.ai
JUDGMENT :- The elections for the Managing Committee of the Lakkidam Primary Agricultural Cooperative Society, Gajapathinagaram, Vizianagaram District, were held on 22.10.2005 for a term of five years. One Mr.Venkata Ramana Murthy was elected as the President. He died in January 2007. Respondents 2 and 3 have initiated steps to conduct elections for the office of President. The petitioner is a Member of the Society. He states that one Member, by name Thrinath, who was elected against a vacancy earmarked for Scheduled Tribe, resigned and the co-option against that vacancy is due. The 4th respondent, who was appointed as Election Officer, issued a notification, dated 28.08.2008, proposing to conduct election on 05.09.2008 for the office of President. The petitioner states that the election, as proposed, cannot be held, in view of the fact that the vacancy of Director, caused on account of the resignation of a Member, was not filled by co-option, as provided for under Rule 22(A)(5)(b) of the A.P.Co-operative Societies Rules, 1964 (for short 'the Rules'). Heard the learned counsel for the petitioner and the learned Government Pleader for Co-operation. The necessity for the respondents to hold election for the office of President arose, on account of the death of the incumbent in January 2007. The objection of the petitioner for such an election is that a vacancy caused due to the resignation of a Member was not filled through co-option. The Rules provide for co-option of Members at two stages. The first is under Rule 22A (5)(a). According to this provision, in case seats reserved in favour of reserved categories are not filled, at the stage of election to the Managing Committee, the vacant seats can be filed through co-option of the candidates belonging to the respective categories. The power to co-opt is conferred on elected members. The second is under Rule 22(A)(5)(b). This deals with the vacancies that arise in the middle of the term of office. The procedure is similar. Whatever may be the justification to insist that the elections of office bearers of the committee must be taken up, only after the co-option takes place, such insistence, with regard to the vacancies, that arise during the term of office, does not appear to be mandatory, once the office bearers were elected. If such an interpretation is placed on the Rule, it may even provide handle for indiscriminate Members, to stall the elections.
If such an interpretation is placed on the Rule, it may even provide handle for indiscriminate Members, to stall the elections. For instance, on coming to know the steps for conducting of election, to fill the vacancy of President, a Member may resign with impunity, and stall the election process, by insisting that the resultant vacancy of member was not filled by co-option. At any rate, no individual Member of the Society can claim the right to be co-opted. It is in the discretion of the Members whether or not to co-opt. The petitioner intends to be co-opted as a Member and soon thereafter, to contest as a President. The framework of the A.P. Co-operative Societies Act and the Rules does not permit of such a course. The writ petition is, accordingly, dismissed. There shall be no order as to costs.