*THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19045 of 2008 % 02.09.2008 Between: Rangoli Lakshmana. ..... PETITIONER AND The Government of Andhra Pradesh, Co-operative Department, Rep. byits District Collector (Coop.), Vizianagaram District and others. .....RESPONDENTS ! COUNSEL FOR THE PETITIONER: Sri L.V.S.Nagaraju ^ COUNSEL FOR THE RESPONDENTS: G.P. for Co- operation < Gist: > Head Note: ? CITATIONS: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19045 of 2008 Between: Rangoli Lakshmana, S/o. Pamparam, Member, Lakkidam P.A.C.S. Ganyada Mandal, Vizianagaram District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Co-operative Department, Rep. byits District Collector (Coop.), Vizianagaram District. 2 The District Cooperative officer, Vizianagarm, Vizianagaram district. 3 The Divisional Cooperative Officer, Vizianagarm, Vizianagaram district. 4 The Assistant Registrar/Sub Divisional Cooperative Officer/ Election Officer, Gajapathinagaram, Vizianagaram District. 5 The Lakkidam Primary Agriculture Cooperative Society, Ganyada Mandal, Vizianagaram District, Rep. by its Secretary. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the actionof the respondents in issuing electionnotice in Rc.No. 2567/2008-F(Coo) dated 21-8-2008 and the consequential notice dated 28-8-2008 issued to the Members of the Managing Committee under Rule 22(12)(b0 of the A.P.C.S. Act by the 4th respondent as illegal, arbitrary, and violative of Article 14 and 21 of the Constitution of India and contrary to Rule 22 (A) (5) of the A.P.C.S. Act and set aside the same and consequently direct the respondents to follow Rule 22(A)(5) of the A.P.C.S. Act for co-opetion of themember to the 5th respondent society and to pass Counsel for the Petitioner:MR.L.V.S.NAGARAJU Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19045 of 2008 ORDER: The elections for the Managing Committee of the Lakkidam Primary Agricultural Co-operative Society, Gajapathinagaram, Vizianagaram District, were held on 22.10.2005 for a term of ﬁve years. One Mr.Venkata Ramana Murthy was elected as the President. He died in January 2007. Respondents 2 and 3 have initiated steps to conduct elections for the office of President. The petitioner is a Member of the Society. He states that one Member, by name Thrinath, who was elected against a vacancy earmarked for Scheduled Tribe, resigned and the co-option against that vacancy is due. The 4th respondent, who was appointed as Election Oﬃcer, issued a notiﬁcation, dated 28.08.2008, proposing to conduct election on 05.09.2008 for the oﬃce of President. The petitioner states that the election, as proposed, cannot be held, in view of the fact that the vacancy of Director, caused on account of the resignation of a Member, was not ﬁlled by co-option, as provided for under Rule 22(A)(5)(b) of the A.P.Co- operative Societies Rules, 1964 (for short ‘the Rules’). Heard the learned counsel for the petitioner and the learned Government Pleader for Co-operation. The necessity for the respondents to hold election for the oﬃce of President arose, on account of the death of the incumbent in January 2007. The objection of the petitioner for such an election is that a vacancy caused due to the resignation of a Member was not ﬁlled through co-option. The Rules provide for co-option of Members at two stages. The ﬁrst is under Rule 22A(5)(a). According to this provision, in case seats reserved in favour of reserved categories are not ﬁlled, at the stage of election to the Managing Committee, the vacant seats can be ﬁled through co-option of the candidates belonging to the respective categories. The power to co- opt is conferred on elected members. The second is under Rule 22(A)(5)(b). This deals with the vacancies that arise in the middle of the term of oﬃce. The procedure is similar. Whatever may be the justiﬁcation to insist that the elections of oﬃce bearers of the committee must be taken up, only after the co-option takes place, such insistence, with regard to the vacancies, that arise during the term of oﬃce, does not appear to be mandatory, once the oﬃce bearers were elected. If such an interpretation is placed on the Rule, it may even provide handle for indiscriminate Members, to stall the elections. For instance, on coming to know the steps for conducting of election, to ﬁll the vacancy of President, a Member may resign with impunity, and stall the election process, by insisting that the resultant vacancy of member was not filled by co-option. At any rate, no individual Member of the Society can claim the right to be co-opted. It is in the discretion of the Members whether or not to co-opt. The petitioner intends to be co-opted as a Member and soon thereafter, to contest as a President. The framework of the A.P. Co-operative Societies Act and the Rules does not permit of such a course. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 02.09.2008 Note: L.R.Copy to be marked. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 19045 of 2008 Date: 02.09.2008 JSU