HON’BLE MS JUSTICE G.ROHINI W.P.No.22409 of 2009 Dt.24.06.2010 T.Ramanaiah …. Petitioner Vs. 1. The Govt.of A.P., rep.by Principal Secretary, GAD, Hyderabad and four others … Respondents HON’BLE MS JUSTICE G.ROHINI W.P.No.22409 of 2009 O R D E R: Andhra Pradesh Government Vehicles Drivers Central Association has been recognized by the Government under Andhra Pradesh Civil Services (Recognition of Service Associations) Rules, 1962. As per the bye- laws approved by the Government, the State Level President shall be elected by the District President, Secretaries and State Executive Members. So far as the District Level Committees are concerned, the State General Secretary sponsored by Central Association will conduct elections once in three years. Clause (7) of the Bye-laws approved under G.O.Ms.No.796, dated 19.12.2006 made it clear that the membership fee from all the members of the District shall be collected and the list of members should be sent to Central Association before holding elections to the District Level Committee. After receipt of the list of members, Central Association has to fix a date for election to the District Level Committee. It is specifically provided under Clause (7) (b) of the bye-laws that the elections shall not be conducted until and unless membership fee in full is received and for the said purpose the President shall be held responsible. It is not in dispute that the petitioner was elected as President of A.P. Government Vehicles Drivers Association of Sri Pottisriramulu Nellore District Association for the period from 2005 to 2008. Admittedly his term expired on 31.7.2008. Prior to the expiry of the term of the association, elections were proposed to be conducted on 30.6.2008. However nominations were not received from the eligible candidates and, therefore, the elections were postponed. In the circumstances, the Central Association by proceedings dated 13.8.2008, appointed the petitioner herein to continue as temporary President till the regular elections are held. It is not disputed before this Court that in terms of the said order passed by the Central Association, dated 13.8.2008, the petitioner was continued as a temporary President of the District Association. While so the impugned order dated 5.10.2009 came to be issued by the Central Association removing the petitioner as temporary President and proposing to conduct the election to the District Association by nominating the 4th respondent and four others for receiving the membership fee and to prepare the voters list. Aggrieved by the same, the present writ petition has been filed by the petitioner. It is contended by the petitioner that the impugned order under which the petitioner was removed as temporary President is arbitrary and illegal as there was no allegation of any mismanagement during his tenure as President from 31.7.2005 to 31.7.2008 or even thereafter while functioning as temporary President. It is also contended that the 4th respondent herein who was not a member of Sri Pottisriramulu Nellore District Association was not eligible to be appointed as temporary President of the District Association. I have heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondent Nos.2 and 3, and perused the material available on record. Firstly, it is to be noticed that under the impugned proceedings dated 4.10.2009 the 4th respondent was not appointed as a temporary President as sought to be contended by the petitioner. It is clear from the impugned proceedings that the 4th respondent and four others were nominated to receive the membership fee and to prepare the voters list so as to conduct the fresh election in terms of Clause 7 of the Bye-laws. It is also relevant to note that vide proceedings dated 12.11.2009 it was clarified by the Government of A.P., General Administration (S.W.I) Department that the appointment of temporary President / in-charge President of the District Branch after completion of 3 years term of the body was in violation of the APCS (ROSA) Rules, 2001. In the light of the said clarification, the petitioner cannot be allowed to continue as temporary President any longer and the impugned order under which the 4th respondent and four others were nominated to prepare the voters list so as to conduct fresh election was rightly issued. Accordingly, the Writ Petition is dismissed. No costs. _____________ G. ROHINI, J. Dt. 24.06.2010 Pnv