Andhra Pradesh High Court - Amravati
Kovvuri Janaki Prasuna Achyuthamba vs The State Of Ap on 6 November, 2024
APHC010487432024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
WEDNESDAY,THE SIXTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 25031/2024
Between:
Kovvuri Janaki Prasuna Achyuthamba ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. NALLANAGULA LALITHA SREE
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR COOPERATION
The Court made the following order:-
This Writ Petition is filed under Article 226 of Constitution of India
for the following relief/s:-
"...to issue a writ of mandamus or any other appropriate
writ or direction, declaring the action of the respondent
no.7 in issuing the impugned notice vide Dated
21/10/2024 in conducting the elections of Office Bearer
(OB) without following the procedure prescribed in the
bye-laws of the District Rural Development Agency is
illegal, arbitrary and unconstitutional and contrary to the
Andhra Pradesh Cooperative Societies Rules, 1964, is
unjust, arbitrary, violation of the Principles of Natural
justice besides being in violation of the Fundamental
Rights guaranteed under Article 14, 15, 16, 19 and 21 of
the Constitution of India and Consequently set-aside the
notice dated 21/10/2024 issued by the 7th respondent
duly directing to conduct the election of office bearer in
the manner prescribed in the by-laws if the 5th
respondent by issued a fresh election notification in view
of the observation of this Hon'ble High Court in M.
Satyanarayana V State of Andhra Pradesh, W.P.
39113/2014 Dated 19/04/2024 and to pass such other
order or orders..."
2. Heard learned counsel for the petitioner and learned counsel for
the respondents.
3. The grievance of the petitioner is that the respondents are
conducting elections by deviating the bye-laws and Rule 22 of the Andhra
Pradesh Co-operative Societies Rules, 1964 (for short 'the rules'). As per
the procedure contemplated under the bye-laws, the respondents-society
has to intimate to its previous members and after prior approval from the
members, the society has to conduct elections. As per the bye-laws,
notice has to be given to the members of the society and the period from
the date of notice to conduct election must be thirty (30) days. Without
following the said procedure, the respondents are conducting the
elections. Hence, prayed to direct the respondents to conduct the
elections, as per the procedure contemplated under bye-laws and as well
as the rules.
4. Learned counsel for the petitioner relied on the order of this Court
passed in W.P.No.39113 of 2014 dated 19.04.2024. The said order is not
applicable to the present facts of the case. Whereas, in the said case
election notification was issued in the year 2014 and the writ petition was
disposed of in year 2024 and this Court directed to issue fresh election
notification to the society therein.
5. Upon perusal of judgments passed by the Hon'ble Apex Court in
M.A.Sami Khan v. The District Collector, Hyderabad1 and
M.Ramachandra Reddy and others v. Government of Andhra
Pradesh2, it appears that once an election process is set in motion,
Courts would not interfere, stall or stultify the same. Election process
once commenced must be permitted to run its logical course till the end. If
Courts interfere in the midst of an election process and litigation being
what it is, no electing will ever be expeditiously completed. It is best,
therefore, that the process once set in motion is not interrupted. It is best
left undisturbed and allowed to be completed.
1992 (1) ALT 611 (DB)
2006 (1) APLJ 345
6. In view of the judgments referred supra, this Court is inclined to
dispose of the writ petition directing respondents to follow the due
procedure as contemplated under the bye-laws of the society and Rule 22
of the rules.
7. Accordingly, the Writ Petition is disposed of. There shall be no
order as to costs.
As a sequel thereto, miscellaneous Petitions pending, if any, shall
stand closed.
___________________________________
JUSTICE TARLADA RAJASEKHARA RAO
Date: 06.11.2024
Note: Issue C.C.Today
B/o
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THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO
WRIT PETITION No.25031 of 2024
Date: 06.11.2024
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