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2022 DIGILAW 379 (AP)

Ankula Mohan Behere v. State of Andhra Pradesh

2022-04-07

K.SREENIVASA REDDY

body2022
ORDER : 1. The petitioners herein, who are claiming to be members of 7th respondent society, filed the present Writ Petition challenging the proceedings No. 814/B/2021, dated 30.12.2021 issued by 3rd respondent-District Collector/District Election Authority, Srikakulam, whereby it is ordered to postpone the poll schedule dated 31.12.2021 for 7th respondent society under Rule 22C (1) (iii) of the Andhra Pradesh Co-operative Societies Rules, 1964 (for short ‘the Rules 1964’). 2. The facts, in brief, leading to filing of the present Writ Petition may be stated as follows: The term of Management Committee of 7th respondent society expired on 26.9.2021, and an interim arrangement was made appointing the official person in-charge to look after the affairs of the society on 18.10.2021. The Election Authority issued a Notification dated 16.12.2021 fixing the date of election on 31.12.2021. Thereafter, voters’ list was prepared and the same was published and circulated to all the members of the society and affixed on the notice board of the society, calling for objections from the members. No objections are received therefor within the time stipulated. Petitioners intend to file nominations for the post of President and Vice President of the society, respectively. The impugned proceedings dated 30.12.2021 has been issued by 3rd respondent postponing the elections. 3. The respondents 1 to 4 file counter affidavit justifying the impugned action and stating that as per the reports received from the authorities concerned, there is reasonable apprehension that law and order problem may arise due to denial of admission to eligible members in the society and hence the elections are postponed until the conditions become conducive for recommencing the election. 4. Heard the learned counsel for the petitioners and the learned Government Pleader for Co-operation appearing for respondents 1 to 4. 5. 4. Heard the learned counsel for the petitioners and the learned Government Pleader for Co-operation appearing for respondents 1 to 4. 5. Learned counsel for the petitioners contended that without there being any exigency as contemplated under Rule 22 C (1) (iii) of the Rules, 1964, the elections to 7th respondent society were postponed by 3rd respondent-Election Authority; that having failed to submit any objections with regard to the voters’ list published within the time stipulated, the irregularities alleged by the fishermen community in the alleged representation dated 29.12.2021 cannot be entertained; that once the election process has started, it should not be postponed for any reasons, and hence, he prays to set aside the impugned proceedings and to issue a direction to proceed with election process for conducting election to 7th respondent society as per the Notification dated 16.12.2021 from the stage at which it was interrupted by way of the impugned proceedings. 6. On the other hand, learned Government Pleader sought to sustain the impugned action stating that in view of reasonable apprehension that law and order problem may arise due to denial of admission to eligible members in the society, the elections are postponed until the conditions become conducive for conducting the election, by virtue of power conferred by Rule 22C (1) (iii) of the Rules, 1964, and there are no grounds to interfere with the impugned action in the present Writ Petition. 7. Perused the record. The factual matrix as stated above is not in dispute. As the term of Management Committee of 7th respondent society expired on 26.9.2021, an interim arrangement was made appointing the official person in-charge to look after the affairs of the society, and the Election Authority issued a Notification dated 16.12.2021 fixing the date of election on 31.12.2021. Voters’ list was also prepared and the same was published and circulated to all the members of the society and affixed on the notice board of the society, calling for objections from the members. Admittedly, no objections are received therefor within the time stipulated. The election is scheduled to be conducted on 31.12.2021. On 30.12.2021, the impugned order has been issued by 3rd respondent postponing the elections. 8. Admittedly, no objections are received therefor within the time stipulated. The election is scheduled to be conducted on 31.12.2021. On 30.12.2021, the impugned order has been issued by 3rd respondent postponing the elections. 8. The only reason that has been given by 3rd respondent for postponing the election is that on 29.12.2021, some members of 7th respondent society had submitted a representation stating that due to their absence in the village for filing objections on the preliminary voters’ list published on 03.12.2021, names of some of them are not found in the list. Immediately, on the next day i.e. on 30.12.2021, elections have been postponed by 3rd respondent by issuing the impugned order. 9. Under Rule 22C (1) the Rules, 1964, notwithstanding anything contained in these rules, the Government or the Election authority may direct the postponement of elections under one or more of the following circumstances viz. (i) Break down of law and order affecting the peaceful and lawful conduct of elections. (ii) Any natural calamity that prevents the conduct of elections particularly, voters from participation in the election. (iii) Where there is reasonable apprehension that voters will not be allowed to vote frankly and freely. A perusal of the counter affidavit filed by respondents 1 to 4 shows that there is absolutely no such contingency where there is apprehension or threat that voters will not be allowed to vote frankly and freely. Surprisingly, only on the letter issued by some of the members of the society, the election has been postponed without assigning any other reason. In any event, elections cannot be postponed merely on the said reason. On a perusal of the Rules, 1964, it is very clear that only on certain grounds set out therein, elections can be postponed. It is submitted that 5th respondent herein-Sub Inspector of Police, Ichapuram Town police station submitted a report to the Assistant Director of Fisheries Department on 29.12.2021 stating that there is every possibility of arising law and order problem during elections. On a perusal of the entire record shows that it appears to be a stage managed only with a view to postpone elections. 10. In the considered opinion of this Court, the reasons assigned for postponing the election are not sustainable and there are no such contingencies to postpone the elections. On a perusal of the entire record shows that it appears to be a stage managed only with a view to postpone elections. 10. In the considered opinion of this Court, the reasons assigned for postponing the election are not sustainable and there are no such contingencies to postpone the elections. Accordingly, the impugned order is not sustainable in the eye of law and the same is set aside. 6th respondent is directed to conduct elections to 7th respondent society as per Election Notification dated 16.12.2021 in accordance with law within a period of six weeks from the date of receipt of a copy of this order from the stage where the election has been postponed. 11. The Writ Petition is, accordingly, allowed. No order as to costs of the Writ Petition. 12. As a sequel, interlocutory applications pending, if any, in the Writ Petition shall stand closed.