Andhra Pradesh High Court - Amravati
Pakalapati Gandhi, vs The State Of Ap on 14 October, 2022
Author: M. Ganga Rao
Bench: M. Ganga Rao
HONOURABLE SRI JUSTICE M. GANGA RAO
Writ Petition No.13108 of 2020
ORDER:
The petitioners who are Ex-Executive Committee Members and Chairman of the 5th Respondent Association filed this writ petition challenging the impugned proceedings Roc.No.507/VAS(T)/2020 dated 09.06.2020 passed by the 3rd respondent - District Collector, West Godavari at Eluru, whereby the Joint Director, Animal Husbandry, Eluru at West Godavari District was appointed as a Person-Incharge (PIC) of 5th respondent Association, instead of extending the tenure of existing Executive Committee, including the Chairman for further period of five years in terms of G.O.Ms.No.2, Animal Husbandry, Dairy Development & Fisheries (A.H.III) Department dated 05.02.2014 as being illegal and arbitrary and contrary to the provisions of Articles 14 and 19 of the Constitution of India.
2. The case of the petitioners is that the 5th respondent Association, the Live Stock Development Association (for brevity called as 'DLDA') was registered under the provisions of the Andhra Pradesh Societies Registration Act 35 of 20201 with an object of encouraging, promoting, improving, the breeding and 2 management of livestock and to enhance livestock production, while arranging for Artificial Insemination service at door steps of the people. The General Body of the Association in its meeting held on 29.4.2015 elected the petitioners' as Executive Committee Members and Chairman of the 5th respondent Association. As per Rule 6.3.0 of the Bye-laws of the Association, the term of the elected members of the Association was three years and with 1/3rd of the elected members retire by rotation in each year. Under G.O.Ms.No.2 dated 5.2.2014 certain amendments were made to the Bye-laws. As per the said amendment, the three years term of the Executive Committee is extended for as five years from the date of election of Chairman and Executive Committee. Similarly, Rule 4.5.0 was inserted in the Bye-laws of the Association to the effect that the elected members shall cease to be the members on expiry of five years, but shall be eligible for reappointment for another term subject to a maximum of two consecutive terms. By virtue of the amendment to the existing rules, the petitioners' Executive Committee is eligible for reappointment for one more period of five years term. The term of the existing Executive Committee came to an end by 28.4.2020. The General Body meeting was held on 19.2.2019 which has unanimously resolved to continue the existing Executive Committee and Chairman for 3 one more term of five years as provided under G.O.Ms.No.2 dated 5.2.2014. Accordingly, the Chairman has addressed a letter to the 2nd respondent to consider the reappointment of the existing Committee and Chairman vide letter dated 08.04.2020 requesting for reappointment of the existing Executive Committee for second term and asked the Chief Executive Officer, District Livestock Development Agency (DLDA), Pentapadu to send proposals to the 3rd respondent with relevant remarks. Accordingly, proposal was sent to the 3rd respondent. The 3rd respondent instead of taking a decision on the proposal sent by the 2nd respondent, passed the impugned order dated 09.06.2020 appointing the Joint Director (AH), Eluru, West Godavari District - the 4th respondent herein as Person Incharge of the 5th respondent Association, which is illegal and arbitrary.
3. The Joint Director of Animal Husbandry, Eluru, West Godavari District/Person Incharge of DLDA, Tadepalligudem, West Godavari District who is the 4th respondent herein filed counter on behalf of Respondents 1 to 3 and 5 along with I.A.No.2 of 2020 to vacate the interim order dated 04.08.2020, stating that the 3rd respondent by impugned proceedings dated 09.6.2020 appointed the Joint Director, Animal Husbandry, Eluru at West Godavari 4 District as Person Incharge (PIC) of the 5th respondent Association consisting of the Executive Committee Members from Chairman of District Milk Cooperative Unions, Chairman of District Cattle Breeder Association and Members of District Cattle Breeders Association, Mahila Samakhya and Progressive Daily Farmers as the new members are to be nominated by the District Collector to proceed for the process of election as per DLDA Bye-laws. The term of the existing Executive Committee Members and Chairman expired on 28.4.2020 and hence, fresh nominations for Executive Committee Members are awaited. As the nominations are awaiting from the District Authorities for reappointment of Executive Committee Body and Chairman, election could not be taken place. The petitioners had passed their own resolution to continue the existing Executive Committee and other members for the second term consecutively. After 28.4.2020 they are ceased to be the members of the Association as per Bye-laws and they have no legitimate right to elect a future body in which they are not even the members. Hence, the 3rd respondent has issued the impugned proceedings appointing the 4th respondent as Person Incharge of the 5th respondent Association pending conduct of elections. The resolution passed on 19.2.2020 by the General Body of the 5th respondent Association is contrary to the Bye-laws 5 and as the existing members were not re-nominated or re-elected for second terms i.e., after 28.4.2020.
4. Sri V. Venugopala Rao, learned counsel appearing for the petitioners would contend that the petitioners are elected Executive Committee by the General Body on 29.4.2015 for a period of three years. As per G.O.Ms.No.2 dated 05.2.2014, their term is extended for a period of five years from the date of election as Chairman and Executive Committee and their term came to an end by 28.4.2020 and General Body in its meeting held on 19.12.2019 unanimously resolved to continue the existing Executive Committee and Chairman for one more term of five years as per G.O.Ms.No.2 dated 05.2.2014. The 3rd respondent Collector instead of taking a decision on the proposal submitted by the Chairman, appointed the 4th respondent as Person Incharge contrary to the Bye-laws of the Association, which is illegal and arbitrary.
5. Learned Government Pleader for Animal Husbandry appearing for the respondents while reiterating the averments of the counter would contend that as per Rule 6.3.0 of the Bye-laws of the Association, the tenure of the elected President and Executive Committee itself is for three years and 1/3rd elected 6 members are to retire by rotation. As per G.O.Ms.No.2 dated 05.2.2014, the term of the Chairman and Executive Committee of the Association shall be for five years from the date of election. As per Rule 4.5.0, the elected members shall cease to be the members on expiry of five years from the date they became members of the Executive Committee but shall be eligible for reappointment for another term subject to a maximum of two consecutive terms. The continuation of the Executive Committee and Chairman by re-appointment through re-election is possible provided the proposals are accepted by the District Authority, if the period given by the earlier authority is not expired but, whereas the tenure of the members of the Association and the Executive Committee expired on 28.4.2020. Hence, reappointment of the Chairman and Executive Committee will not arise directly and common re-election procedure has to be followed after the fresh nomination of the Executive Committee of the Association is Body finalized by the District Authority as per the provisions of the Andhra Pradesh Societies Registration Act, 2001. Hence, the contra contentions are untenable and the writ petition is liable to be dismissed.
6. The point that arose for consideration before this Court is: 7
(i) Whether the petitioners' Executive Committee and Chairman of the 5th respondent Association is entitled for extension of its term for another five years as per GO.Ms.No.2 dated 05.2.2014; and
(ii) Whether the appointment of the Joint Director (AH), Eluru, West Godavari District as Person Incharge of the 5th respondent Association by the 3rd respondent through impugned proceedings is valid and sustainable.
7. The existing Executive Committee Members and Chairman were elected on 29.4.2015 by the General Body of the Association. As per Rule 6.3.0 of the Association Bye-laws, the term of the elected Members/Chairman and Executive Committee is three years with 1/3rd of the elected members retire by rotation in each year. As per G.O.Ms.No.2 dated 5.2.2014, certain amendments were made to the Bye-laws. As per the said amendments, the three years term of the Executive Committee was extended for five years from the date of election of Chairman and Executive Committee. As per Rule 4.5.0, the elected members shall cease to be the members on expiry of five years from the date they become members of the existing Committee, but shall be eligible for 8 reappointment for another term, subject to a maximum of two consecutive terms. Accordingly, the existing Committee and Chairman continued for a period of five years instead of three years and their term came to an end by 28.4.2020. The continuation of the petitioner's existing Executive Committee and Chairman by another term of five years by reappointment through election is possible provided the proposals are accepted by the District Authority if the period given earlier by the District Authority is not expired. Bye-law 4.0.0 of the Association deals with the membership. The same is extracted below:
"The Membership for the Association shall comprise of the following A. Members:
1 Chairman District Cooperative 1 Milk Union 2 Chairman District Cattle Breeders 1 Assocaition 3 Presidents of Milk Cooperative 10 To be nominated Societies by the Collector 4 President of Zilla Mahila 1 Samakhya 5 Presidents of Mandala Mahila 3 To be nominated Samakhya by the Collector 6 Members of District Cattle Breeder 3 To be nominated Association by the Collector 7 One Representative each of 4 To be nominated Schedule Caste, Schedule Tribe, by the Collector Backward Classes & Minorities Dairy Farmers (Male/Female) 8 Presidents of Women Dairy 5 To be nominated Cooperative Societies by the Collector 9 Progressive Dairy Farmers 5 To be nominated by the Collector in consultation 9 with the Joint Director (AH) TOTAL 33 Bye-law 6.3.0 deals with election of President and Executive Committee and as per which, the term of the elected members was three years, with 1/3rd of the elected members retire by rotation in each year. As per Bye-law 6.3.1, the election shall be only at the General Body meeting summoned for the purpose by the General Body and any candidate who is an eligible member may be proposed by another eligible member and seconded by a third eligible member by a nomination form in writing which shall also contain a statement by the candidate proposed that he is willing to serve as a member in the Executive Committee, if elected. By virtue of G.O.Ms.No.2 dated 05.2.2014, the term of the elected members is five years instead of three years. But, in view of the composition of the membership of the association, if the new members are to be appointed in place of those who retire by rotation and other members whose term is expired, the new members are to be nominated and elected by the Association. In view of COVID-19 pandemic, elections could not be held for the Chairman and Executive Committee of the Association. The vacancies of general members arose due to their retirement on 10 rotation and on completion of their term. Hence, the impugned order is passed appointing the 4th respondent as a Person Incharge of the 5th respondent Association and the same is as per rules and regulations of the Association and the same could not be found fault with. The petitioners' claim that they are the existing Executive Committee Members and Chairman of the Committee. Their term of five years from the date of election came to an end by 28.4.2020 and they were ceased to be the members of the Executive Committee by 28.4.2020. Unless the existing vacancies of the membership of the general members of the Association as members are re-nominated or re-elected for the second term after 28.4.2020, the claim of the petitioners for extension as per GO is unsustainable. Accordingly, the Point No.1 is answered.
8. Point No.2:
The 3rd respondent by the impugned proceedings appointed the 4th respondent as Person Incharge to the 5th respondent Association consisting of Executive Committee Members from Chairman of District Milk Cooperative Unions, Chairman of District Cattle Breeder Association and Members of District Cattle Breeders Association, Mahila Samakhya and Progressive Daily 11 Farmers as the new members are to be nominated by the District Collector to proceed for the process of election as per DLDA Bye- laws. The term of the Executive Committee has expired on 28.4.2020 and elections could not be conducted due to COVID-19 pandemic and re-nomination and re-admission of general members in the existing vacancies is pending. In those circumstances, the appointment of the 4th respondent as Person Incharge to manage the affairs of 5th respondent Association pending election could not be found to be illegal or arbitrary.
Accordingly, Point No.2 is answered.
9. In view of the above discussion, the Writ Petition is devoid of any merits and is liable to be dismissed and is accordingly dismissed. Vacate petition in I.A.No.2 of 2020 is allowed by vacating the interim order dated 04.08.2020. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
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M. GANGA RAO, J
Date: .10.2022
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HONOURABLE SRI JUSTICE M. GANGA RAO
,
Writ Petition No.13108 of 2020
Dated .10.2022
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