Andhra HC (Pre-Telangana)
V. Prasada Reddy vs District Collector, Krishna Dist. And ... on 25 July, 2000
Equivalent citations: 2000(5)ALD134, 2000(4)ALT669
ORDER
1. One V. Prasada Reddy S/O V. Pulla Reddy Aged About 30 Years Residing At Sitara Theatre, Vidyadharapuram, Vijayawada, Filed This Writ Petition To Issue A Writ Of Mandamus Declaring The Action Of The 1st Respondent - District Collector, Krishna District, In Conducting The Elections To 5th Respondent - The Durga Co-Operative Urban Bank Limited As It Has Not Complied With The Directions Of The Registrar Of The Co-Operative Societies Issued In No.2631/2000/Ub-I Dated 9-5-2000 As Illegal, Arbitrary And Consequently Direct The 1st Respondent To Conduct The Elections To The 5th Respondent Bank After Complying With The Directions Of The Registrar, Co-Operative Societies Dated 9-5-2000.
2. Sri O. Manohar Reddy, Learned Counsel Appearing For The Petitioner Submits That The Petitioner Is A Member Of The 5th Respondent Bank And The Term Of The Managing Committee Expired On 27-5-2000 And Even Before The Expiry Of The Term, The Then President Of The 5th Respondent Bank Wrote A Letter Dated 6-5-2000 To The District Collector, Krishna District, Requesting Him To Conduct The Elections To The Managing Committee Of The Bank, And That The Total Number Of The Members Of The Bank Is About 16,000 And That The Registrar Of The Co-Operative Societies In Exercise Of His Powers Conferred Under Section 4(2) Of The A.P. Co-Operative Societies Act Issued Directions By The Impugned Proceedings Dated 9-5-2000 Stating That The Urban/Town Co-Operative Banks Should Arrange To Issue Bank Multipurpose Identity Cards To All Its Members Which Should Be Served As Document For Identification As Genuine And Bona Fide. It Was Further Directed That The Banks Should Comply With The Statutory Directions Within Two Months From The Date Of Issuance Of The Said Directions Without Fail. The Learned Counsel For The Petitioner Further Submitted That The Crux Of The Said Proceedings Of The Registrar Of The Cooperative Societies Directing Issuance Of The Multipurpose Identity Cards Is Not Only For Identification Of The Genuineness And Bona Fide Of The Members, But Also To Facilitate Its Members, To Avail Banking Customer Service, To Cast The Votes As Per The Members Voters List, To Enable Members To Inspect Bye-Laws, Audit Report And Also Take Part In The Deliberations Of The Meetings As May Be Convened By The Bank In Order To Maintain Greater Transparency And Protect The Interests Of Genuine Members. It Is Further Submitted That Unless Photo Identify Cards Are Issued, Impersonation Cannot Be Curbed Or Prevented In Respect Of Living Or Dead Persons. It Also Ensures Smooth, Peaceful And Fair Poll, And Curbs The Malpractice And Irregularities, And Improves The Functioning Of The Co-Operative Banks, And As Such, It Is Just And Necessary To Issue Identity Cards So As To Conduct Of Elections In Accordance With The Directions Under Section 4(2) Of The Act.
3. The 4th Respondent, Who Was Appointed As Election Officer By The 1st Respondent, Filed A Counter Stating That The Term Of The Managing Committee Of The 5th Respondent Has Expired By 27-5-2000 And In View Of The Election Notification Issued By The 1st Respondent Vide His Proceedings Rc.No.929/2000/Elec/Cubs/B, Dated 21-5-2000 To Conduct The Elections, The Election Process Has Already Been Set In Motion And The Directions Of The 2nd Respondent - Registrar Of Co-Operative Societies Dated 9-5-2000 Issued Under Section 4(2) Of The A.P. Co-Operative Societies Act To All The Co-Operative Urban/ Town Banks In The State For Issuance Of The Identity Cards To The Members Of The Urban/Town Banks Within Two Months From The Date Of The Issue Of The Directions Has To Be Complied With As It Will Have Multipurpose Use And Will Also Prevent Persons Voting Proxy Name Of Other But On Such Directions The Election Process Cannot Be Cancelled.
4. It Is Further Submitted By The Election Officer That The 5th Respondent Bank Is Having Practice Of Issuing Identity Cards To All Its Members Since The Year 1989 Who Joined As Members Of The Bank Prior To And After 1989, And The Statutory Directions Issued By The Respondent-Registrar Of The Co-Operative Societies Dated 9-5-2000 Did Not Include Any Such Conditions, To Prevent Such Of Those Persons To Whom The Photo Identity Cards Have Not Been Issued, And There Is Sufficient Base Material Viz., Identity Cards Available, And In Case Of The Members To Whom The Identity Cards Have Not Been Issued, Summary Enquiry To Judge The Genuinity Of The Voter Will Be Made And Signature Will Be Compared With Admission Register. It Is Stated That Pursuant To The Proceedings Of The 1st Respondent Dated 21-5-2000, The Election Notification Was Issued On 7-6-2000 And Simultaneously The Voters List After Thorough Sccrutiny Was Published And Receipt, Scrutiny And Withdrawal Of Nominations Has Also Taken Place On 16-6-2000, 17-6-2000 And 18-6-2000 Respectively. On Withdrawal Of Nominations, Six Candidates Are Contesting For One Seat Of President And 49 Candidates For Managing Committee - Members As Against 11 Seats. The Election Officer Also Allotted Symbols To The Candidates Who Stood In The Field Of Contest On 18-6-2000 After Withdrawal Of Nominations. The Voter's List Have Also Been Sold To Some Of The Contensting Candidates, Who Approached The Election Officer, And The Required Number Of Ballot Papers Have Also Got Printed For 17,160 Voters.
5. Three More Members Of The 5th Respondent Bank Filed Implead And Vacate Stay Petitions Stating That The Writ Petitioner Is Not A Member Of The 5th Respondent Bank And He Is Not A Voter, And Therefore, He Has No Locus Standi To File The Writ Petition. They Have Further Stated That An Amount Of Rs. 2,00,000/- Has Been Incurred For The Purpose Of Printing The Ballot Papers, Voters List Etc., For Conducting The Elections And If The Election Process Has To Begin Afresh, Again The Election Officer Has To Start The Entire Process And It Leads To Irreparable Loss, And If Any Impersonation Or Any Other Irregularity Takes Place, It Is Open For The Writ Petitioner, If He Is A Members, To Challenge The Same Before The Election Tribunal. They Have Further Stated That About 12,000 Identity Cards Have Already Been Issued To The Members Except To Old And Grand Old Members, Who Are Not Active Members And No Prejudice Would Be Caused If The Elections Are Conducted. The Direction Issued By The Regisrar Of The Co-Operative Societies Vide Proceedings Dated 9-5-2000 Directing The Urban/Town Cooperative Banks To Issue Bank Multipurpose Identification Cards To All Its Members So That Is Could Serve As Document For Identifications As Genuine/Bona Fide Member, To Facilitate Its Members To Avail Banking Customer Service, To Cast The Votes As Per Members Voters List, To Enable The Members To Inspect The Bye-Laws, Audit Report And Also Take Part In The Deliberations Of The Meetings As May Be Convened For Members By The Bank, With Greater Transparency And Protect The Interests Of Genuine Members. No Doubt, The Chief Executive Officers Of The Concerned Banks Are Directed To Maintain The Membership Registers As Required Under The Relevant Provision Of The Act/Rules And Authorised To Issue Multipurpose Identification Cards To Its Members Containing The Name Of The Members, Father/Husband's Name, Age. Admission Number, Number Of Shares Held By The Member, Whether Belong To Sc/St/ Bc, Signature Of The Member, Seal Of The Society Etc., And Further Direction To Comply With The Said Direction Within 2 Months From The Date Of The Said Direction. It Is Submitted By The Learned Counsel For The Respondents That All Those Particulars Are There In The Admission Register And Majority Of The Voters Have Also Got The Photo Identity Cards And If Any Member, Who Exercise His Franchise Or Vote; Such Voter's Signature Will Be Verified With Reference To The Signature In The Admission Register. It Is Further Submitted That All Possible Steps Have Been Taken For Conduct Of Free And Fair Elections And There Is No Scope Either For The Impersonation Or For Voting By Any Proxy Person. The Learned Counsel For The Petitioner Could Not Substantiate His Contention With Regard To The Voters List Published As To How The Voters' List Is Illegal Or Contains Bogus Members. If Any Bogus Members Is Exercising His Vote, It Is A Dispute Relating To The Election And Such Dispute Can Only Be Raised And Determined In An Election Petition, But Under The Guise Of The Said General Directions Of The Registrar Of The Co-Operative Societies Dated 9-5-2000, The Election Process Which Was Set In Motion Cannot Be Stalled Or Set Aside. There Is No Specific Direction By The Registrar Of The Co-Operative Societies Not To Conduct The Elections Till The Photo Identity Cards Are Issued To All The Members. In The Absence Of Any Specific Direction By The Registrar Of The Co-Operative Societies And In View Of The Assertion Of The Election Officer And Other Respondents That As Far As Possible Photo Identity Cards Have Already Been Issued, And There Is No Scope For Any Non-Member To Cast His Or Her Vote, The Apprehension Of The Petitioner Is Not At All Tenable. The Conduct Of The Election Is Independent And Separate Action From That Of Issuing Multipurpose Photo Identity Cards To All Its Members. Even If The Said Directions Issued By The Registrar Of The Co-Operative Societies Vide His Proceedings Dated 9-5-2000 Under Section 4(2) Of The A.P. Co-Operative Societies Act Are Statutory And To Be Complied Within 2 Months, But Still, By The Said Proceedings, The Election Process Which Has Already Set In Motion, Cannot Be Interfered With. Under The Guise Of The Said Directions Issued By The Registrar Of The Co-Operative Societies, The Conduct Of The Elections And To Elect The Managing Committee Cannot Be Postponed Or Stalled And Any Postponement Of The Elections Will Be Against The Democratic Principles To Manage The Affairs Of The Society By The Elected Members. Insofar As The Societies Where The Mananging Committee Has Not Been Expired Or Going To Be Expired Within Two Months, Only To Such Of Those Societies, It May Be Desirable To Scrupulously Follow The Said Directions And The Registrar Of The Co-Operative Societies By Issuing Photo Identity Cards, But For Which Elections Have To Be Conducted Within Two Months From The Date Of The Said Directions, The Elections Cannot Be Postponed Or Stayed.
6. For The Foregoing Reasons, I Do Not See Any Merit In The Writ Petition And It Is Accordingly Dismissed And The Interim Stay Granted Stands Vacated. In View Of The Division Bench Judgment In The Case Of Government Of A.P. V. T. Rama Murthy Reddy, The Election Process Has To Be Completed From The Stay Where It Has Been Stalled And Accordingly The Election Officer Is Directed To Hold The Elections Within A Period Of Two Months From The Date Of Receipt Of A Copy Of This Order By Completing The Remaining Process From The Stage Where It Has Been Stalled/Sloped In Order To Save Lime And To Prevent Monetary Loss To The Society Such As Incurred In Printing The Voters List, Ballot Papers Etc. No Costs.