THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.12162 OF 2007 10th November 2009 Between: Sri N.Ramesh Babu. …PETITIONER AND The Government of Andhra Pradesh, rep.by the Principal Secretary, Higher Education Department, Secretariat, Hyderabad and three others. …RESPONDENTS THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION NO.12162 OF 2007 ORDER: S.B.V.D.Sabha, an educational society registered several decades ago in Kadapa District has established various educational institutions. Its affairs are governed by the bye- laws. The Managing Committee as well as the Secretaries and Correspondents of the institutions are elected for a term of three {3} years. The petitioner, on the one hand and the fourth respondent, on the other hand, claimed to have been elected as Secretaries and Correspondents of the institutions in the election held in December 2004. Naturally, both of them presented the claims before the authorities under the A.P. Education Act, 1982, for recognition as Secretaries and Correspondents for different institutions. Writ Petitions were filed and this Court has issued directions to the authorities concerned to hasten the process of recognition. Through proceedings, dated 24.06.2006, the Director of Collegiate Education-the second respondent herein, recognized the fourth respondent as Secretary and Correspondent in the Degree College, Pullampet. Reference was made to an order passed on 26.09.2005 in Writ Petition No.20953 of 2005. The petitioner states that the fourth respondent was not at all elected as Correspondent and on that basis, challenges the impugned proceedings. The petitioner states that he was the person, who has been protecting the interest of the institution and Writ Petition No.395 of 2005 was filed, when the attempts were made to take over the institution. The fourth respondent filed a counter affidavit denying the allegations. Heard Sri M.Papa Reddy, learned counsel for the petitioner, learned Government Pleader for Higher Education for respondents 1 to 3 and Sri Aka Venkata Ramana, learned counsel for the fourth respondent. As in the case of many private educational institutions, there is a tussle for control over the Society, particularly for the office of the Secretary and Correspondent of the institutions. The petitioner, on the one hand and the fourth respondent, on the other hand, has their own version as to the person that was to be elected as Correspondent. This dispute has not only given raise to filing of Writ Petitions and Writ Appeals, but also in the initiation of steps by the Government for appointment of Special Officers. The necessity to decide the validity or otherwise of the appointment of the fourth respondent or for that matter, the claim of the petitioner is obviated on account of the fact that the term of the office, for which the Correspondent was elected, expired long back. The election for the Managing Committee of the Society and the Correspondent has become due. Since there is lack of unanimity between the various persons and institutions, it is not at all desirable to require the Secretaries or the Correspondents to conduct the elections. Such a step may lead to further litigation. This Court is of the view that the election to the Managing Committee, in accordance with the bye-laws of the Society, may be directed to be conducted by the District Legal Services Authority, Kadapa. Learned counsel for the petitioner and the learned counsel for the fourth respondent did not object for such a course of action. Hence, the Writ Petition is disposed of directing that (a) The petitioner and the fourth respondent shall submit the relevant record of the Society together with the list of members to the District legal Services Authority within a period of two {2} weeks from today; (b) The District Legal Services Authority shall examine the list of members and publish the list of voters within two {2} weeks thereafter. On the date of publication of the voters list itself, he shall publish the election programme by leaving a gap of fifteen {15} days between the date of notice and the date of election to the respective positions of the Managing Committee. The result of election shall be communicated to respondents 2 and 3 and to all the competent authorities of the Education Department; (c) The Authority concerned shall issue necessary proceedings recognizing the one i.e., the persons that are elected as Correspondents for the respective institutions, within a period of four {4} weeks from the date of communication; (d) Neither the petitioner nor the fourth respondent shall be entitled to add any new members to the existing list of members; and (e) Till the completion of this process, the arrangement in Vogue shall continue. There shall be no order as to costs. _____________________ (L.NARASIMHA REDDY, J) 10th November 2009 Note: 1) CC by three days 2) Mark a copy of this to District Legal Services Authority, Kadapa. B/O RRB