Disposed

Chintturi Narendra v. the State of Ap

Andhra Pradesh HC23 Apr 2024WP/3329/2024

Case brief

AI extract

What is this about?

Fishermen challenged an allegedly unnotified election of their cooperative society's committee and sought cancellation via representation. The Court held that once an election process is set in motion it should run its course, and the Rules mandate recommencement rather than cancellation, directing completion of elections within three months.

What did the court decide?

Respondents directed to complete the election process from the stage it was stalled, preferably within three months; no costs.

Chintturi Narendra Vs the State of Ap — Cooperative Societies | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 3329 OF 2024

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Between:

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Chintturi Narendra, S/o Ganga Raju, Age 30 Years, Occ. Fisherman Boiramf^lem Village, T Narsapuram Mandal, Eluru District, State of Andhra Pradesh.

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Mandrapu Pratap, S/o Ratnam, Age 30 Years, Occ, Fisherman Borrampalem Village, T Narsapuram Mandal, Eluru District, State of Andhra Pradesh.

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...Petitioners

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AND

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The State of AP, rep by its. Principal Secretary, Fishries Department Secretariat Buildings, Velagapudi, Guntur District,

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Fisheries, Poranki, Poranki, Vijayawada, Krishna

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The District Collector, Eluru, Eluru District.

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The District Fishries officer, Eluru, Eluru Town and District.

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The Joint Director of Fisheries, Bhimavaram Town, West Godavari Dist.

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The Fishries Development Officer, Jangareddygudem, Eluru District.

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...Respondents

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the inaction of the respondents 2 to 6 in not to take any action in pursuance of representation dated on 23-012024, to cancel fishermen committee elected on 19-01-2024 of Borrampalem village, T Narasapuram Mandal Eluru District. The

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respondents not issued any notification and not intimation of election to members of the society of Borrampalem village is illegal, arbitrary and violation of Article 14 and 21 of the Constitution of India, and consequently, direction to respondents No 2 to 6 to consider the representation dated on 23-01-2024

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to dispose of the representation dated on 23-01-2024, to cancel the Fishermen committee and issue fresh notification to Borrampalem village, T Narasapuram Mandal, Eluru District, and pending disposal of the above writ petition

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Counsel for the Petitioners: SRI G RAJENDRA BABU

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Counsel for the Respondents No.1 to 6: GP FOR FISHERIES

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The Court made the following: Order

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APHC010059222024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]

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(Special Original Jurisdiction)

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WEDNESDAY ,THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 3329/2024

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Between:

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Chintturi Narendra and Others

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...PETITIONER(S)

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AND

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The State Of Ap and Others

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...RESPONDENT(S)

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Counsel for the Petitloner(S):

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1.GRAJENDRA BABU

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Counsel for the Respondent(S):

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1.GP FOR FISHERIES (AP)

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The Court made the following:

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ORDER:

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This Writ Petition is filed challenging the inaction of the respondents 2 to 6 in not taking any action in pursuance of the representation dated 23.01.2024 to cancel Fishermen Committee elected on 19.01.2024 of Borrampalem village, T. Narasapuram Mandal, Eluru District, without any notification and without any intimation of the elections to the members of the Fishermen Society of Borrmpalem village as illegal, arbitrary and consequently, seeking direction to the respondents 2 to 6 to consider the representation dated 23.01.2024.

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Heard learned counsel for the petitioners and learned^counsel appearing for the respondents.

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The case of the petitioner, in brief, is that the petitioners are belonging to Schedule Caste Community and eking their^livelihood by doing fishing in Karatam Krishna Murthy Reservoir^neartothe Borramplaem Village. The Fisheries Department has recognized⁴⁶ members in the Fishermen Cooperative Society but the earlier President joined some private persons in the Society^and in the presence of said private persons, has elected the Committee members unanimously even without issuing an election^{notification.} As such the petitioners were constrained to file a representation to

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all the officers of the Fisheries Department, bringing^{totheirnotice} about the illegal activities of the old President and his henchmen and requested to take action against the said President.

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The main grievance of the petitioners is that the old^President of the Society has conducted elections to the Society,^withouteven issuing any notification, being colluded with the private persons. Challenging which, the present Writ Petition is filed.

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On the other hand, the respondent No.6 filed counter,^wherein it is stated that the Fishermen Cooperative Society Lrd No.191/F Borrampalem Village, T.Narasapuram Mandal was registered on 11.8.2006 with the area of operation of Borramapalem village. There are 46 members in the society and no new private^members

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are admitted in to the society as per law, as alleged by^{thepetitioner.} All the members are fishermen belonging to Scheduled^Castes / Scheduled Tribes and Backward Classes and are eking their livelihood by fishing in Karatem Krishnamurthy reservoir.^Asthe05 years term of the elected Managing Committee of the^societywas expired on 04.11.2023, the respondent No,6 herein has^approached the Society on 23.01.2024 and taken over the records of the Fishermen Cooperative Society Ltd No.191/F Borrampalem^village, so as to enable the 4“" respondent to start the election^processby

submitting note file to the District Collector, Eluru, respondent no.3 herein, who is the District Election Authority for appointing the election officer as per Rule 22 (b) of the Andhra Pradesh Cooperative Societies Rules, 1964 to conduct elections to the Fishermen Cooperative Society Ltd. No.191/F Borrampalem^Village, to elect New managing Committee. But the process of^electionwas not initiated so far. Hence, denied the contention of the petitioners that elections were conducted with the support of respondents^along with private persons, without knowledge of Society^membersand even without issuing any election notification.

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For better appreciation. Rule 22B of the Andhra Pradesh Cooperative Societies Rules, 1964 is extracted hereunder;

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22B. Mode of Election of Member of Committees of Weaker^Section

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societies or societies having a small number of membership.

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(a) The Election Officer shall notify the date and^{timeandplaceof} election. The election will be held in the premises^of the registered office of the society. The voting of the members of the committee^oftheweaker section societies or societies having a small number^{ofmembershipmay} be done by show of hands at the general meeting convened^forelection. The mode and the procedure will be as follows.]

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(1) Members will be admitted into the hall or premises^onproduction of identity and after obtaining their signature or^{thumbimpression} in attendance register from 9.0 hrs to 11.00 firs. At^{11.30hrs,theElection} officer will announce the number and category of seats^{ontheManaging} Committee to be filled. For each seat/category, he^{willcallfornominations} and announce the names of the nominations received and conduct elections as detailed below:

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(ii) The Election officer will read out the names of each candidate contesting and he will call upon members to express^theirvote by show of hands. He will record the number of votes secured by each candidate and announce it after every count.

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Provided that those who have polled the maximum votes in descending order will be declared elected depending upon the number of seats to be filled.

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(b) If there is any disturbance in conduct of poll then the Elections Officer shall stop the proceedings and shall send a report to the Election Authority who will then order for conduct of repoll on any other day to be specified by issue of notice. In such circumstances, where polling^{wasdisturbedor} where election authority is of the view that polling by show of hands is not possible, then the Election Authority may order for conduct of election by secret ballot. In such case, the procedure prescribed in the Rules for conduct of elections by secret ballot shall be followed through secret ballot.

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Notwithstanding the above, if the outgoing managing committee of the society desires to conduct elections by secret ballot, it shall request the Registrar to conduct the election by secret ballot by submitting its proposal 60 days before the expiry of the term of the managing committee and the Registrar shall conduct the election by following the procedure as given in these Rules.

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At this stage, this Court feels it appropriate to refer to a judgment of the High Court of Allahabad, in Fahim Ahmad and Ors. Vs. State of U.P. and Ors\ which reads as under: “26. In view of the law declared by Hon'ble the Supreme Court In Pundlik v. State of Maharashtra (supra), we^find that the writ Court was justified to hold that once election process commences and is notified with that ordinarily High Court should not interfere under Extraordinary Jurisdiction under Article 226 of the Constitution of India Hon'ble the Single Judge has also rightly held that^the

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MANU/UP/2610/2009

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question relating to faulty electoral roll is not a^groundfor interference, specially when breach of any statutory provision or rule has not been complained of in the preparation of the said electoral roll. ”

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In view of the law laid down by the High Court of Allahabadⁱⁿ the above judgment, 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^{coursetillthe} end. If Courts interfere in the midst of an election process and litigation being what it is, no election will ever^{beexpeditiously} completed. It is best, therefore, that the process^{oncesetinmotion} is not interrupted. It is best left undisturbed and allowed to be completed.

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With regard to recommencement of elections, this Court^feels it relevant to refer to Section 22-C of the A.P. Co-operative^Societies Rules, 1964, which is extracted hereunder;

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“22-C. (1) 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:

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(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.

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(iii) Where there is reasonable apprehension that voters will not be allowed to vote frankly and freely.

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(b)The postponement shall be done only by issue of an order which shall specify the grounds of postponement. After such postponement the election process shall be recommended when the conditions become conductive for re-commencing of election, by issue of an order by the Authority that has postponed the elections. The process will recommence from the stage at which it was obstructed or interrupted.”

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From the above, it can be seen that neither the Act nor the Rules empower the election authority to cancel the election process after its commencement. If for any reason, the election process is interrupted and postponed, clause (b) of Rules 22(c)(1)^mandates that after such postponement the election process shall be recommenced if the conditions become conducive for recommencement of the election by issue of an order by the authority that has postponed the elections and that the process will recommence from the stage at which it was obstructed or interrupted. Thus, far from there being any provision enabling the election authority to cancel the election process, the provisions ordains the election authority to recommence the election process from the stage at which it was obstructed or interrupted.

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In this case, in view of the fact that the respondent^has already initiated election procedure by taking over^{therecordsofthe} Fishermen Cooperative Societies on 23.01.2024, instead of keeping the Writ Petition pending, this Court feels it appropriate to dispose of the Writ Petition, directing the respondents to complete^theelection process from the stage, where it has been stalled as expeditiously as possible, preferably within a period of three (03)^{monthsfromthe} date of receipt of a copy of the order.

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With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, in this Writ Petition

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shall stand closed.

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//TRUE COPY//

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Sd/- P.U.V.BHASKARA RAO ASSISTANT REGISTRAR SECTION OFFICER

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To 1. The Principal Secretary, State of Andhra Pradesh, Fishries^Department, Secretariat Buildings, Velagapudi, Guntur District,

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1. The Commissioner of Fisheries, Poranki, Poranki, Vijayawada,^Krishna District.

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1. The District Collector, Eluru, Eluru District. 4. The District Fishries officer, Eluru, Eluru Town and^District. 5. The Joint Director of Fisheries, Bhimavaram Town, West^{GodavariDist.} 6. The Fishries Development Officer, Jangareddygudem,^{EluruDistrict.} 7. One CC to SRI G RAJENDRA BABU Advocate [OPUC] 8. Two CCs to GP FOR FISHERIES (AP), High Court of Andhra^Pradesh [OUT]

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