Gunde China Chittiyya v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.34730 of 2018 ORDER:

Heard learned counsel for the petitioner and the learned Government Pleader for Fisheries, apart from perusing the entire material available on record.

A memo, bearing No.3520/Fish/A2/2018, dated 17.09.2018, of the State Government, staying the elections to the sixth respondent-society is under challenge in the present Writ Petition. It is contended by the learned counsel for the petitioner that, once the election schedule is issued, the said election cannot be scuttled. It is further submitted by the learned counsel that, as per the provisions of Rule 22-C of the A.P.Co-operative Societies Rules, 1964 (for brevity, 'the Rules'), it is incumbent and obligatory on the part of the Government or the Election authority to record the reasons for postponement.

A perusal of the impugned memo does not indicate any sort of reasons for staying the elections. In fact, as per the provisions of Rule 22-C (1) of the Rules, Government or the Election Authority may direct postponement of the elections under three contingencies namely:

(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.

Rule 22-C (2) of the Rules also mandates the specification of the ground of postponement. In the instant case, the said provisions are given a go-bye and they are followed in breach. Therefore, on that ground alone, the impugned memo cannot be sustained in the eye of law.

Accordingly, Writ Petition is allowed, setting aside the memo, bearing No.3520/Fish/A2/2018, dated 17.09.2018, and the respondents are directed to take further action in the matter from the point where the election was postponed. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.

__________________ A.V.SESHA SAI, J 10th October, 2018 Tsy