Maddukuri Suri Babu vs The State Of Andhra Pradesh
2023 Latest Caselaw 1671 AP

         HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                MAIN CASE No. W.P.No. 7523 of 2023
                             PROCEEDING SHEET

Sl.                                                                         Office
                                        ORDER

No DATE Note

01. 24.03.2023 GRKP, J Heard Sri Vivekananda Virupaksha, Ld. Counsel for the Writ Petitioner and Sri M.V.Narasimhulu, Ld. Assistant Government Pleader for Fisheries and Animal Husbandry.

2. The present election that is sought to be conducted is in respect of Respondent No.5 Society namely Matsya Sahakara Sangham Limited bearing Registration No.C-61. The Election Officer invoking his powers under Section 22(2)(B) of the Co-Operative Societies Rules, 1964 has contemplated to conduct election by way of show of hands. This part of the election process is sought to be challenged by the Writ Petitioner herein.

3. It is the contention of the Writ Petitioner that there are more than 200 members in the society and the members of the society belong to the Weaker Sections of the Society. The Writ Petitioner submits that the election process is otherwise contemplated to be under 'vote by secret ballot', but the Election Officer has adopted a completely diametrical mode where the choice of the voters is publicly expressed in the process of voting by 'show of hands' by each (Contd...)

W.P.No. 7523 of 2023 24.03.2023 (Contd...)

member. In support of his contention, the Ld. Counsel for the Writ Petitioner has also drawn the attention of this Court to the Judgment of this Court in Guggilla Raja Narsimulu vs. The District Collector, Karimnagar District cum Election Authority (MANU/AP/2048/2014) (Ex.P2). He has drawn the attention of this Court to the findings rendered by the Ld. Single Judge therein. The relevant portion is extracted hereunder beneficially:

"...Without sounding to be very precise, I prefer to illustrate the above view point. If a society is having a total membership of let us say 50 persons, even if all of them assemble at a meeting, it will not be difficult for the person, who is conducting the election, to find out as to whether 26 or more number have exercised their choice in favour of one candidate or the other, but if the number swells beyond that, sometimes, it may cause problems, inasmuch as counting of hands may not be very-well organized and consequently, precise identification of the person exercising the choice cannot be achieved.

In such circumstances, the choice expressed by a candidate may be viewed with disfavour by those candidates in whose favour such choice has not been exercised. Therefore, handling numbers beyond 50 may prove to be a difficult exercise. It is therefore, safe that wherever the membership strength of a society exceeds 50, the method of electing the representative by a secret ballot method can be adopted. Further, adverting to the contention of the learned counsel that unnecessary expenditure can be avoided, by not taking an option of secret ballot, all I need to observe is the ballot papers are under no legal obligation to be printed at (Contd...)

W.P.No. 7523 of 2023 24.03.2023 (Contd...)

all times. They can even be prepared by using a clear hand writing of any person. All that is required to be done is, tallying with the exact number of the membership strength of the society, the ballots have to be manually prepared. Each ballot must necessarily bear the signature of the Election Officer, so that the unauthenticated ballots will not find their way into the ballot box. Therefore, there are several ways and means by which the wasteful expenditure, which the learned counsel for the petitioner has pointed out, can be avoided.

6. This apart, Rule 22-C, which starts with a non-abstante clause, has provided for a contingent situation, where there is a reasonable apprehension that voters will not be allowed to vote frankly and freely, postponement of election can be ordered either by the State Government or by the Election Authority. This clause, in my opinion, offers a clue for understanding the spirit with which Rule 22-B has been framed. Emphasis is supplied by the rule- making authority on free, frank and fearless expression of choice of the members. That is absolutely ensured by following the method of conducting election by secret ballot method.

7. In that view of the matter, I do not find, in principle, anything wrong in the decision taken by the competent authority for conducting elections to the 3rd respondent society by adopting the secret ballot method. Hence, I do not find any merit in this Writ Petition and it is accordingly, dismissed. No costs."

4. Sri M.V.Narasimhulu, Ld. Assistant Government Pleader for Fisheries also submitted that conduct of election by way of secret ballot involves expenditure on the part of the society (Contd...)

W.P.No. 7523 of 2023 24.03.2023 (Contd...)

and that the Government has no objection if the society is willing to incur this expenditure in the process of conduct of election through secret ballet.

5. This Court, having gone through the provisions of the Act and the Judgment rendered by the Ld. Single Judge as referred above and after having heard the submissions of Sri M.V.Narasimhulu, Ld. Assistant Government Pleader for Fisheries, deems it appropriate to stay the election scheduled to be held on 28.03.2023 under Impugned Notification bearing R.C.No.Matsya Sahakara Sangham Elections, dated 14.03.2023 (Ex.P1) until further orders.

6. The present Interim Order will not come in the way of the Writ Petitioner making an Application to the Authority to conduct election by way of secrete ballet by making necessary payment. If such representation is so presented by the Writ Petitioner or any other member of the society, this Interim Order shall not prevent the Government from acting on the said representation.

7. List the matter on 28.04.2023. Let pleadings be completed in the meantime.

________________ GRKP, J Note: Issue C.C. by today.

B/o.

SDP

W.P.No. 7523 of 2023 24.03.2023 (Contd...)