AI Structured Summary
Not yet generated for this judgment
Judgment
R. Subhash Reddy J.
This writ petition is filed questioning the order dated 30.01.2013 passed by the 1st respondent vide G.O.Rt. No. 304, Agriculture & Co-operation (CO-OP. V) Department. By the aforesaid order, elections to the Primary Agricultural Cooperative Society, Nuthakki village, Mangalagiri Mandal, Guntur District, are postponed in exercise of power under Rule 22-C(1)(iii) of the A.P. Co-operative Societies Rules, 1964 (for short "the Rules").
When the matter is taken up, learned Government Pleader for Co-operation has produced order dated 11.02.2013, passed by the 1st respondent vide G.O.Rt. No. 347, during the pendency of this writ petition, by which the earlier order passed vide G.O.Rt. No. 304 dated 30.01.2013 is cancelled.
Inasmuch as the Government itself has cancelled the earlier order dated 30.01.2013 passed vide G.O.Rt. No. 304, there is no need to examine the validity of the said order. The order dated 30.01.2013 is passed by the Government postponing the elections in exercise of powers under Rule 22-C(1)(iii). Rule 22-C(i)(b) reads as under:
the postponement shall be done only by issue of an order which shall specify the grounds of postponement. After such postponement the election process shall be recommenced when the conditions become conductive for re-commencing of election, by issue of an order by the Authority that has postponed the elections. The process will re-commence from the stage at which it was obstructed of interrupted.
In view of the aforesaid Rule and in view of the subsequent order dated 11.02.2013 passed by the 1st respondent vide G.O.Rt. No. 347, election process is to be recommenced from the stage where it was stopped.
In that view of the matter, respondents are directed to commence the election process from the stage where it was stopped and take further steps as per the election programme notified. Though learned counsel for the petitioners seeks directions to the respondents not to hold elections to the District Co-operative Central Bank, till elections to the Primary Agricultural Co-operative Society are completed, but, it is to be noted that, for majority of societies elections are already held, and, further, notification is already issued for the purpose of holding elections to the Managing Committee of the D.C.C.B. Therefore, I do not find any ground to grant such directions. Subject to the above, writ petition is disposed of. As a consequence, miscellaneous petitions, if any, pending shall stand disposed of. No order as to costs.