IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 9095 of 2004 BETWEEN: The Home Guards Welfare Association, (Regn.No.47/82), Visakhapatnam, rep. by its General Secretary, V. Rajulu, S/o Late Appalaswamy, aged 52 years, R/o Visakhapatnam. ... PETITIONER AND 1 The Commandant Home Guards, Visakhapatnam. 2 The Commissioner of Police Visakhapatnam. 3 The Director General of Police Lakdikapool, Hyderabad 4 I.V.S.N. Patnaik S/o. late Tinadha Swamy, D.No.31-4-24, Ammavari Veedhi, Allipuram, Visakhapatnam R4 is impleaded as per court order dated 14-9-2004 in WPMP 20852 of 2004 ...RESPONDENTS 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 declare the action of the respondents in passing the impugned order C.No.21/Commandant/Home Guards/ VSP/2004, dated 12-05-2004 as highly arbitrary, illegal, and without jurisdiction and consequently set aside the same. Counsel for the Petitioner: MR.M.KESAVA RAO Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Petitioner question the letter of the first respondent dated 12.045.2004 informing that the Visakhapatnam City Home Guards Welfare Association Election has to be conducted on 20.05.2004 at Police Stadium Grounds at 7.00 AM and the members of the present association were requested to attend for elections along with all connected records. 2. Learned counsel for the petitioner submits that the petitioner is an association registered under the Societies Registration Act XXI of 1860 vide its Society No.47/82. As per the Bye Laws the Additional Superintendent of Police, Visakhapatnam shall be the Ex-Officio President, the Deputy Superintendent of Police, Home Guards shall be the Ex-Officio Vice President and the Reserve Inspector of Home Guards shall be the Ex-Officio General Secretary and the General Body elections shall be conducted every year but a resolution was made on 03.11.2001 for conducting elections once in every five years. While so, in the month of March 2004 the first respondent insisted the present office bearers to attend for elections with all connected records and thereafter the impugned letter dated 12.05.2004 has been issued directing the members to attend the elections along with connected records. The petitioner questions the said communication as illegal and arbitrary on the ground that the respondents 1 and 2 have no control over the petitioner-association and they cannot interfere with the functions of the association. 3. Counter has been filed stating that there was no resolution dated 03.11.2001 for conducting elections every five years and the said averment made in the writ petition is incorrect and untrue. As per byelaws the elections have been conducted once in year or every two years but the self styled General Secretary, V. Rajulu, tampered with the records and totally changed the byelaws contending that the next election for the association will be on 02.11.2006 without any justification whatsoever. It is stated that on a report of the members of the association the first respondent examined the records and members of the association have decided to conduct fresh elections by entering into a fresh registration before the District Registrar, Visakhapatnam. The elections were held as per the wish of the most of the members of the association and the District Registrar also issued a letter dated 26.06.2004 informing the disqualification of the earlier body to which V. Rajulu was claiming as General Secretary. It is stated that the respondents 1 and 2 have not at all interfered with the conduct of elections but the first respondent has agreed to act as Ex-Officio President and the elections were conducted amongst the members of the association. The respondents 1 and 2 are no way concerned either with the old society bearing registration No.47/82 or with the newly registered society bearing No.763/2004. The elections were held on 20.05.2004 as per the desire of the members of the association alone but not as per the wish of the first respondent. The newly elected body has taken charge. It is stated that the newly elected body made a complaint that the earlier body misused the funds to a tune of Rs.2,50,000/- and they lodged a report and the said V. Rajulu was convicted earlier in C.C.No.295 of 2000 by the II Metropolitan Magistrate, Visakhapatnam for the offence under Sections 468, 471 and 474 of the Indian Penal Code. 4. Having regard to the facts and circumstances and in view of the fact that the elections were already conducted to the petitioner-association, I am of the opinion that the petitioner is not entitled to any relief in the writ petition. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J April 24, 2008 DSK