IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI HONOURABLE SRI JUSTICE M. VENKATA RAMANA W.P.Nos.9252, 9557 and 15400 of 2021

COMMON ORDER:

The petitioners in W.P.No.9252 of 2021 have questioned the election notification dated 23.04.2021 issued by the 6th respondent proposing to conduct elections on 02.05.2021 for Managing Committee of 8th respondent Cooperative Bank.

2. Respondents 9 and 10 got impleaded themselves to this writ petition.

3. W.P.No.9557 of 2021 is for the similar relief sought in W.P.No.9252 of 2021 however questioning memo No.AGC01-COOP0UCBS(RMAT)/34/2020- COOP-II, dated 15.04.2021 permitting elections to be conducted to the 7th respondent therein and also the election notification issued by the 6th respondent therein dated 23.04.2021.

4. W.P.No.15400 of 2021 is filed by the petitioners therein against the respondents therein to declare voters list dated 31.03.2020 prepared and published by 8th respondent bank being illegal, arbitrary, violative of Articles 14 and 19 of Constitution of India as well as A.P.Cooperative Societies Act including rules made there under and violative of guidelines issued by the 2nd respondent in that respect, while directing to publish fresh voters list in terms of Rule 22 of A.P.Co.operative Societies Rules.

5. In all these three writ petitions, the petitioners as well as the respondents 9 and 10 are the members of 8th respondent – Ananthapuramu Co-operative Urban Bank Limited. Respondents 1 to 8 in W.P.No.9252 of 2021 and W.P.No.15400 of 2021 are one and the same.

6. Respondents 1 to 6 in W.P.No.9557 of 2021 are the respondents 1 to 6 in above two writ petitions. Respondent ZNo.7 in W.P.No.9557 of 2021 is respondent No.8 in the above two writ petitions. 7th respondent in the above two writ petitions is not a party to W.P.No.9557 of 2021. The parties as arrayed in W.P.No.9252 of 2021 and W.P.No.15400 of 2021 shall be referred herein after, for convenience.

7. These three writ petitions essentially relate to a dispute, in respect of election of the Managing Committee of Ananthapuramu Co-operative Urban Bank Limited ("Co.operative Bank" for short).

8. The then Managing Committee of the Co.operative Bank intended to hold elections for the Managing Committee in terms of Rule 22(1)(a) of A.P.Co.operative Societies Rules. This Co.operative Society is not receiving any aid from the State in terms of Section 43 of A.P.Co-operative Societies Act.

9. Sri B.Harshavardhan Reddy, an advocate at Ananthapuramu was appointed as the Election Officer by the then Managing Committee of this Co.operative Bank. An election notification was issued by him in terms of Rule 22(2)(b)(vi) of A.P.Cooperative Societies Rules with the election schedule as under:

1.	Name of the Society, its Registered<br>No. and Its Registered office, or the<br>class<br>of<br>society<br>and<br>the<br>specified<br>area.	The<br>Anantapuramu<br>Coop.<br>Urban<br>Bank<br>Ltd.,<br>Anantapuramu,<br>Regd.No.1744<br>of<br>Anantapuramu<br>District
2.	Mode<br>of<br>Election<br>(by<br>Secret<br>Ballot/Open)	By Secret Ballot
3.	Total No.of<br>seats to be filled up by<br>Elections and those reserved to be<br>filled up by SC, ST, BC, Women	12(Twelve)<br>Committee<br>Members.<br>No Reservations
4.	Election of the President/Chairman of<br>all Classes of Primary Societies, shall<br>be by all Members of the committee<br>as provided under Sub-Section 5 of	President/Chairman<br>indirect<br>election.

Sec.31 of the Act.

• 5. Demarcation if constituency for Election of Managing Committee members and their Reservation.
• 6. The place of places time and date of poll
• 7. The place and time between which nomination papers shall be filled and the fees to be paid there for.

Not applicable as the election will be conducted to the Managing Committee in the area of operation. At Surya Public School, 3rd Road, Anantapuramu, Dt.28.06.2020 from 7 AM to 2 PM.

At the Office of the AnantapuramuCo.op. Urban Bank Ltd., Subhash Road, Anantapuramu Dt.18.06.2020 from 10.00 AM to 2.00 PM.

NOMINATION FEE PARTICULARS

	SC	ST	BC	OC
Managing<br>Committee Member	Rs.200	Rs.200	Rs.400	Rs.1000

• 8. The date, time and place at which nomination papers will be taken up for scrutiny.
• 9. The date, time and place at which final list of nomination shall be published.
• 10. The date, time and place for withdrawal of nomination.
• 11. The date, time and place at which the final list of valid nominations after withdrawal shall be published.
• 12. The date, time and place at which the allotment of symbol to the contesting candidates are made.
• 13. The date and time and place at which the candidates will be declared as elected in case the list of valid nominations do not exceed the total number of seats for which election is held.
• 14. Date, time and place at which the counting of votes will be conducted in case of contest.

19.06.2020 10.00 AM onwards at the office of the Anantapuramu Co.op.Urban Bank Ltd., Subhash Road, Anantapuramu.

19.06.2020 after completion of the Scrutiny at the office of the AnantapuramuCo.op.Urbank Bank Ltd., Subhash Road, Anantapuramu. 20.06.2020 upto 5-00 P.M. at the office of the Anantapuramu Coop.Urban Bank Ltd., Subhash Road, anantapuramu. 20-06-2020 after 5-00 P.M. at the office of the Anantapuramu Coop.Urban Bank Ltd., Subhash Road, Anantapuramu. 20-06-2020 after completion of withdrawal of nominations at the office of the Anantapuramu Coop.Urban Bank Ltd., Subhash Road, Anantapuramu. 28-06-2020 after 5-00 P.M. at the office of the Anantapuramu Coop.Urban Bank Ltd., Subhash Road, Anantapuramu.

28-06-2020 after completion of poll. Surya Public School, 3rd Road, Anantapuramu.

15. Date and place for declaration of results of poll

28-06-2020 after completion of counting at Surya Public School, 3rd Road, Anantapuramu.

16. Date, time and place for cooption for the casual vacancies/unfilled vacancies of members of Managing Committees by election Officer and also election of office bearers. Election of office bearers will be taken up as per rule 22(12)(a) and (b) of APCS rules 1964 after declaration of results at the office of the AnantapuramuCoop.Urban Bank Ltd., Subhash Road, Anantapuramu.

17. This election schedule was stayed by the state Government vide memo No.AGC01-COOP0UCBS(RMAT)/22/2020-COOP-II, dated 17.06.2020. Respondents 9 and 10 challenged the above memo in W.P.No.11470 of 2020 on the file of this Court. It was allowed by an order dated 21.08.2020, and relevant observations by one of the learned Judges of this Court in this context are:

"This Court also draws support from Rule 22-C (1) (b) which states that the election process shall be recommenced once the conditions become conducive for re-commencing the elections. This Court cannot lose sight of the fact and must take judicial notice of the fact that very severe restrictions on congregations/meetings are placed due to the pandemic. Therefore, as stated in the counter affidavit and in the impugned memo dated 17.06.2020 that the restrictions are imposed in terms of Rule 22-C (1) (ii) of the Rules, this Court is of the opinion that the interest of Justice would be served, if the writ petition is allowed giving a direction to the respondent No.1 to recommence the election process from the stage where it was obstructed/interrupted in terms of Rule 22-C (1) (b) of the Rules as soon as the covid restrictions are lifted. With these observations, the writ petition is allowed."

11. Thus, the memo so issued by the State government was set aside directing to conduct elections to this Cooperative Bank, following Rule 22-C (1) (b) of A.P.Cooperative Societies Rules, to re-commence the election process from the stage, where it was obstructed or interrupted, once the Covid restrictions are lifted.

12. W.A.No.289 of 2021 filed against the orders in W.P.No.11470 of 2020 was dismissed by Division Bench of this Court on 29.06.2021.

13. Since the above order was not implemented, a contempt case was filed by the respondents 8 and 9 herein in C.C.No.431 of 2021, where notice before admission was issued.

14. The state Government thereafter issued another memo dated 15.04.2021, vacated the stay granted earlier by the memo dated 17.06.2021 referred to above and permitted the 2nd respondent to arrange to conduct elections to the Managing Committee of the Cooperative Bank keeping in view all the Covid-19 pandemic situation, following the instructions issued by the State Government and the Government of India. (This memo is the subject matter in W.P.No.9557 of 2021).

15. One S.Sriramulu and another filed W.P.No.7061 of 2021 on the file of this Court for similar relief sought in W.P.No.11470 of 2020 in respect of the same elections of the Cooperative Bank. In view of State Government vacating the stay by the memo dated 15.04.2021, and recording the undertaking of learned Assistant Government Pleader, who appeared in that matter, that all steps for conducting elections to the Managing Committee of this Cooperative Bank within four weeks would be taken, it was closed by the order dated 16.04.2021.

16. It is well known and can be taken judicial notice of the fact that the Covid-19 pandemic was virulent from March, 2020. Having regard to its effect and spread over the entire country, obviously elections could not be conducted and also for the reason of intervention of order of stay granted by the State Government, till it was vacated by the State Government itself, by the memo dated 15.04.2021, giving effect to the orders of this Court in W.P.No.11470 of 2020. Referring to these facts and circumstances as well as the memos and outcome of these writ petitions, the 6th respondent declared re-scheduled election programme for these elections of the Managing Committee of this Cooperative Bank and to hold the election on 02.05.2021. This re-scheduled election programme is as follows:

1.	Name<br>of<br>the<br>Society,<br>its<br>Registered No. and Its Registered<br>office, or the class of society and<br>the specified area.	The Anantapuramu Coop. Urban Bank<br>Ltd., Anantapuramu, Regd.No.1744 of<br>Anantapuramu District
2.	Mode<br>of<br>Election<br>(by<br>Secret<br>Ballot/Open)	By Secret Ballot
3.	Total No.of seats to be filled up<br>by Elections and those reserved to<br>be filled up by SC, ST, BC, Women	12(Twelve) Committee Members. No<br>Reservations
4.	Demarcation if constituency for<br>Election of Managing Committee<br>members and their Reservation.	Not applicable as the election will be<br>conducted to the Managing Committee<br>in the area of operation.
5.	The place of places time and date<br>of poll	At<br>Gowtham<br>Model<br>School,<br>Santhi<br>Nagar, Anantapuramu, Dt.02.05.2021<br>from 7.00 AM to 2.00 PM.
6.	The<br>place<br>and<br>time<br>between<br>which nomination papers shall be<br>filled and the fees to be paid<br>there for.	Date: 26-04-2021, from<br>10.00 AM to<br>2.00<br>PM.,<br>at<br>the<br>office<br>of<br>the<br>AnanthapuramCoop.Urban<br>Bank<br>Ltd.,Regd.No.1744,<br>Subhash<br>Road,<br>Ananthapuramu.<br>Nomination Fee Particulars<br>Managing Committee Member<br>SC<br>ST<br>BC<br>Others<br>Rs.200/- 200/- 400/- 1,000/-
7.	The date, time and place at which<br>nomination papers will be taken<br>up for scrutiny.	Date:27-04-2021<br>from<br>10.00<br>AM<br>onwards<br>at<br>the<br>O/o.TheAnantapuramuCo.op.Urban<br>Bank<br>Ltd.,<br>Regd.No.1744,<br>Subhash<br>Road, Anantapuramu.
8.	The date, time and place at which<br>final list of nomination shall be<br>published.	27-04-2021<br>at<br>3.00<br>P.M.<br>at<br>the<br>O/o.TheAnantapuramuCo.op.Urbank<br>Bank<br>Ltd.,<br>Regd.No.1744,<br>Subhash<br>Road, Ananthapuramu.
9.	The<br>date,<br>time<br>and<br>place<br>for<br>withdrawal of nomination.	Date 28.04.2021 up to 5-00 P.M. at the<br>O/o.TheAnantapuramuCo.op.Urban<br>Bank<br>Ltd.,<br>Regd.No.1744,<br>Subhash<br>Road, Anantapuramu.
10.	The date, time and place at which<br>the final list of valid nominations<br>after<br>withdrawal<br>shall<br>be<br>published.	Date: 28-04-2021 after 5-00 P.M. at<br>the<br>O/o.TheAnantapuramuCo.op.Urban<br>Bank<br>Ltd.,<br>Regd.No.1744,<br>Subhash

		Road, Anantapuramu.
11.	The date, time and place at which<br>the allotment of symbol to the<br>contesting candidates are made.	Date: 28-04-2021 after completion of<br>withdrawal<br>of<br>nominations<br>at<br>the<br>O/o.TheAnantapuramuCo.op.Urban<br>Bank<br>Ltd.,<br>Regd.No.1744,<br>Subhash<br>Road, Anantapuramu.
12.	The date, time and place at which<br>the candidates will be declared as<br>elected in case the list of valid<br>nominations do not exceed the<br>total number of seats for which<br>elections are held.	Date:28-04-2021 after 5-00 P.M. at the<br>O/o.TheAnantapuramuCo.op.Urban<br>Bank<br>Ltd.,<br>Regd.No.1744,<br>Subhash<br>Road, Anantapuramu.
13.	Date, time and place at which the<br>counting<br>of<br>votes<br>will<br>be<br>conducted in case of contest.	Date:02.05.2021,after<br>completion<br>of<br>poll at Gowtham Model School, 80<br>Ft.Road, Santhi Nagar, Anantapuramu.
14.	Date and place for declaration of<br>results of poll	Date: 02.05.2021, after completion of<br>counting at Gowtham Model School,<br>Santhi Nagar, Anantapuramu.
15.	Date,<br>time<br>and<br>place<br>for<br>co<br>option<br>for<br>the<br>casual<br>vacancies/unfilled<br>vacancies<br>of<br>members of Managing Committees<br>by<br>election<br>Officer<br>and<br>also<br>election of office bearers.	Election<br>of<br>Office<br>Bearers<br>will<br>be<br>taken up as per rule 22(12)(a) & (b) of<br>APCS rules 1964 after declaration of<br>Results<br>at<br>the<br>O/o.TheAnantapuramuCo.op.Urban<br>Bank<br>Ltd.,<br>Regd.No.1744,<br>Subhash<br>Road, Anantapuramu.

17. The 6th respondent also intimated this re-scheduled election programme to the 3rd respondent – District Collector marking copies to respondents 4, 5 and 7.

18. The 6th respondent addressed another letter to the 7th respondent on 23.04.2021 requiring him to instruct the Manager (CEO) of this Cooperative Bank, to furnish certain information and records, viz. Admission registers, Minute Book, Byelaw copy of the Bank, Voters list for scrutiny for hard and soft copies, Defaulters list along with the list of ineligible for the contest and an Election advance of Rs.2.00 lakhs. This letter also refers to the orders of this Court in W.P.No.7061 of 2021 dated 16.04.2021 directing that these elections be conducted within four weeks. In this letter it is stated

that the steps were taken in this process of conducting elections including publication of election notification in the local news papers.

19. Thereupon, the 7th respondent addressed a letter to the 6th respondent dated 23.04.2021 expressing difficulty to meet the timelines fixed by him in re-scheduled election programme, referring to effect of the Covid-19 pandemic and also difficulty in making security arrangements through the local police. Another issue highlighted in this letter by the 7th respondent was that the Election Officer should consult him being the person-in-charge of this Co.Op.Bank before issuing election notification. Thus, by this letter the 7th respondent requested the 6th respondent to with hold election process and to issue fresh notification during 2nd week of May 2021 or after consulting local administrative and police authorities.

20. Notwithstanding this letter, on the very next day, i.e. 24.04.2021, the 7th respondent stating to invoke Rule 22-C(1) of A.P.Cooperative Rules and Bye-law No.28(1)(a) of this Cooperative Bank, postponed this rescheduled elections issuing proceedings until Covid restrictions are lifted and availability of "law and order" assistance for smooth conduct of the elections. Thus, by this letter the 6th respondent was directed to take necessary action in that respect and report compliance.

21. Pertinent to note and conspicuous from this letter dated 24.04.2021, that the 7th respondent was not mindful of directions of this Court in W.P.No.7061 of 2021 and W.P.No.11470 of 2020. There is no reference to the orders in these two writ petitions in this letter dated 24.04.2021 of the 7 th respondent to the 6th respondent.

22. Therefore, by 24.04.2021, the re-scheduled election programme was thus stalled.

23. W.P.No.9252 of 2021 came to be filed on 26.04.2021 by the petitioners in which there is no reference to postponing these elections by the proceedings of the 7th respondent dated 24.04.2021. W.P.No.9557 of 2021 was filed on the same day, i.e. 24.04.2021 in which also there is no reference to postponing these elections by the 7th respondent by its proceedings dated 24.04.2021.

24. The predominant contention in both these writ petitions, is based on then prevailing Covid–19 pandemic situation and inability of local police administration to make necessary security arrangements (bandobusth). It is stated in the affidavit filed in W.P.No.9252 of 2021 that this Cooperative Bank itself postponed the elections due to the same reason.

25. In W.P.No.9252 of 2021, this Court considering then existing Covid-19 situation by an interim order dated 30.04.2021, directed the respondents not to proceed with the elections pursuant to the notification dated 23.04.2021 initially for a period of four weeks and later on it was extended.

26. Sri Ganta Prasad, learned counsel for the petitioners in W.P.No.9252 of 2021 referring to these facts and circumstances, justified postponing these elections by this Cooperative Bank as well as the orders issued by the 7 th respondent in that respect.

27. The stand of the learned Government Pleader representing the official respondents in W.P.No.9252 of 2021 and in W.P.No.9557 of 2021 is supporting the petitioners raising the same contentions, referring to steps taken by the previous outgoing Managing Committee to conduct elections to the Managing Committee by its resolutions and also appointing the 6th respondent as the Election Officer subject to ratification in the next immediate General Body Meeting. The 8th respondent bank similarly supported the petitioner in this respect.

28. However, Sri P.Veera Reddy, learned Senior Counsel representing Ms.SodumAnvesha, learned counsel for respondents 9 and 10 contended that the writ petitioners suppressed the fact that the 7th respondent postponed this election by his proceedings dated 24.04.2021, in W.P.No.9252 of 2021. Thus, it is contended that it is a serious suppression of material fact. Learned senior counsel further contended that since the Covid situation is slowly waning and since normalcy is being restored in every sphere of activity in the country, it can no more be a reason to postpone this election. Learned Senior Counsel further contended that W.P.No.9252 of 2021 and W.P.No.9557 of 2021 have become infructuous and due to postponing this election.

29. Sri Ganta Prasad, learned counsel for the petitioners in W.P.No.9252 of 2021 and Sri K.Sreedhar Murthy, learned Standing Counsel for the 8th respondent Cooperative Bank while asserting that they are not against conducting the elections, stated that there is serious flouting of provisions of A.P.Cooperative Societies Act and the Rules made there under, in proceeding with this election programme and particularly in respect of preparation of the voters list. Sri Ganta Prasad, learned counsel referring to the cause set out in W.P.No.15400 of 2021, strenuously contended that about 870 members were removed from the roles of this Cooperative Bank, without assigning reasons and if the share capital amount paid by these members is deficient than at Rs.300/- in terms of the proceedings of the 2 nd respondent dated 13.09.2019, steps should have been taken to collect deficit amount upon issuing individual notices to these members.

30. Sri Ganta Prasad, learned counsel also contended that in terms of Rule 22 of A.P.Cooperative Societies Rules, it is also an obligation of the election authority to educate these members of their rights making them participate in the elections. Referring to alleged improper mode of preparation of voters list and discrepancy found in their members as on 31.03.2020 as per the final audit report and the voters list secured by the 3 rd petitioner under Right to Information Act reflecting 7114 members, contentions are advanced that this voters list cannot be the basis to continue the election process.

31. It is also contended that this voters list was published on 31.03.2021 and possibly some of them would be ineligible or defaulters and who cannot cast their vote if permitted and that it would affect the election process.

32. Learned Government Pleader for Cooperation Smt.Nischala Sidda Reddy, adopted similar line in her contentions in this respect. Sri K.Sreedhar Murthy, learned Standing Counsel for the 8th respondent also invited the attention of this Court to the effect of Rule 18(c) of A.P.Cooperative Societies Rules, which provided for the members, who are enrolled 30 days prior to issuance of election notification being eligible to participate in the election and to cast their vote, supported the contention of Sri Ganta Prasad, learned counsel for the petitioners. Thus, the official respondents including 8th respondent gave their unstinted support in these matters to the petitioners.

33. Reference is also made by Sri Ganta Prasad, learned counsel to the resolution of the then Managing Committee dated 26.09.2019, where it was directed to remove the members, who did not pay minimum share capital at Rs.300/-, and whereby they were directed to pay such deficit amount by

29.09.2019. Referring to contents of this resolution, learned counsel further contended that by this process, a good number of members was deleted from the voters list.

34. Sri Ganta Prasad, learned counsel for the petitioners also referred to another resolution of the then Managing Committee dated 29.09.2019 of this Cooperative Bank, where it was reiterated about contribution of deficit share capital amount by many members and directing the bank to transfer such amounts to Statutory Reserve Account of this Cooperative bank. Further contention advanced by Sri Ganta Prasad, learned counsel for the petitioners is based on the information obtained through RTI Act by the 3 rd petitioner from the Chief Executive Officer of 8 th respondent bank with reference to preparation of voters list and procedure followed thereon. Further contention advanced is based on the representation dated 01.07.2021 to CEO of 8th respondent Bank by the 3rd petitioner questioning the manner of preparation of the voters list while requesting to revise the voters list, including new voters or those who fell short in their contribution to the share capital.

35. Sri P.Veera Reddy, learned Senior Counsel for the respondents 8 and 9 sought to repel to these contentions of the writ petitioners pointing out that every measure was adopted in strict compliance of Rule 22 of A.P.Cooperative Societies Rules. Referring to the resolutions of the Managing Committee, referred to above and information gathered by the 8 th respondent through RTI process in respect of all these contentions and issues relating to preparation of voters list, its publication, calling for objections if any thereon, learned Senior Counsel pointed out that due publication of this voters list was taken out in the Head Office on 03.06.2020 while displaying in three branches including Hindupuram. It is also contended that it was displayed in municipal Offices, MRO Office etc.,

inviting objections from the members of this Cooperative Bank while also displaying the list of ineligible members on 10.06.2020 not only in the head office but also its branches as well as other Government offices.

36. Learned Senior Counsel further contended that sufficient time was granted calling for objections viz., within 3 days i.e. by 12.06.2020 and the final list was displayed on the notice board at 5.00 p.m. on 12.06.2020. Learned Senior Counsel further contended that election notification was issued by the 6th respondent on 12.06.2020 including through two leading vernacular newspapers. No objections were received to this voters list, of the members of this Co.op.Bank as on 27.04.2020.

37. In respect of the contention of the petitioners that the copies of voters list issued to the petitioners did not have any indication of authentication like bank seal or signature of the authority concerned, it is contended by learned Senior Counsel that to avoid misutilisation, the CEO of this Cooperative Bank would sign and apply the seal on the voters list only after receipt of requisition along with required payment. Castigating the information received by the petitioners under RTI Act directly addressing letter to the CEO but not the Information Officer under RTI Act, it is stated that CEO himself gave the information on the spot without collecting any fee for such purpose. It is specifically contended by learned Senior Counsel that the present CEO, who is in-charge of 8th respondent Cooperative Bank is a close relation of the 3rd petitioner, to whom he supplied information without following procedure.

38. Justifying the appointment of the 6th respondent as the Election Officer, Sri P.Veera Reddy, learned Senior Counsel further contended that steps were taken by the 6th respondent to conduct elections in an orderly manner following due procedure and issuing election schedules following law. Contending that due opportunity was given to the members, to contribute the share capital in deficit, to make good the balance, including publishing in newspapers of local languages, the action in deleting such members from this Cooperative Bank is justified, by learned Senior Counsel.

39. Sri P.Veera Reddy, learned Senior Counsel further contended that parity cannot be drawn in respect of total number of members, as on 31st March of every year and by the date of the election, i.e., 27.04.2020 as was initially scheduled, on the ground that possibility of swell in members, at a later point of time, could be foreseen.

40. Learned Senior Counsel further contended that the respondents are bound by the directions, as per the orders in the two writ petitions referred to above and in as much as Rule 22-C(1)(b) of A.P.Cooperative Societies Rules required recommencement of election process from the stage, where it was stopped, all the contentions of the petitioners cannot stand.

41. In the backdrop of these contentions and material on record, now the following points emerge for determination:

• 1. Whether the cause in the writ petition Nos.9252 and 9557 of 2021 survives and if the election process for the Cooperative Bank (8th respondent) is proper to be postponed?
• 2. If the respondents 6, 7 and 8 are required to revise the voters list of the 8th respondent bank on the grounds assigned by the petitioners in W.P.No.15400 of 2021?
• 3. To what relief the petitioners are entitled to?

POINT No.1:

42. This issue cannot detain us as any longer. The reason is on account of gradual waning down of the effect of Covid pandemic.

43. Another reason is that the offer on behalf of the official respondents through learned Assistant Government Pleader in W.P.No.7061 of 2021 recorded in the order dated 16.04.2021, undertaking to conduct elections within four (04) weeks positively. From this undertaking, it is manifest that the official respondents had considered the effect of Covid pandemic then prevailing and later on.

44. Another fact that can be taken judicial notice of is, conducting elections in the recent past to local bodies as well as urban bodies in the State of Andhra Pradesh. Sri Ganta Prasad, learned counsel for the petitioners sought to rely on in support of his contention an order of one of the learned Judges of this Court in I.A.No.1 and 2 of 2021 in W.P.No.4110 of 2021 relating to an election to one of the urban bodies in the State of Andhra Pradesh. It is affirming and is indicative of this instance.

45. Therefore, the prime reason assigned by the petitioners in W.P.Nos.9252and 9557 of 2021 as such, did not exist as a cause for postponing of the elections to the Managing Committee of this Cooperative Bank. As rightly contended on behalf of respondents 9 and 10, this issue has become more an academic exercise. Obviously, purpose of filing these two writ petitions to certain extent is achieved on account of postponement of the proposed elections twice.

46. Upon considering this factual scenario, the inference to draw is that there are no more reasons to defer or postpone the election to this Managing Committee of the 8th respondent bank much less the one assigned above by the petitioners. The official respondents are duty bound to provide for proper conduct of elections, upon a notification issued by the 6 th respondent Election Officer. There cannot be further spokes, in exercise of his power and authority in this context from any quarter

including the person-in-charge of this Cooperative bank, i.e. the 7th respondent.

47. The petitioners in W.P.No.9557 of 2021 did not evince interest to pursue this matter for obvious reason that circumstances did not prevail or exist to continue this lis. Apparently, they have abandoned this course. None appeared for them in the course of hearing these matters. Nonetheless, since the cause pursued by them is similar to the one in W.P.No.9252 of 2021, both these writ petitions are considered together now.

48. This point is answered accordingly.

49. POINT No.2: W.P.No.15400 of 2021 came to be instituted on 19.07.2021 questioning the voters list being considered for the proposed elections of the Managing Committee of this Cooperative Bank.

50. In this context, it has to be borne in mind the directions of this Court in W.P.No.11470 of 2020 by the order dated 21.08.2020.

51. When effect of this order extracted supra and considered in tandem with rule 22-C(1)(b) of A.P.Cooperative Societies Rules, the procedure required to follow by all concerned including respondents 6 to 8 is to recommence this process of elections from the stage, where it was stopped or interrupted. The initial attempt to stop this election process was on account of order of stay granted by the State Government, viz. the 1st respondent by its memo dated 17.06.2020. Since then, the election process could not continue for one reason or other including on account of invention of this Court. Needless to say that Covid pandemic played it"s role in this process as is in every sphere of activity in this entire world.

52. Therefore, for the purpose of consideration at present, to recommence such process, the date or period recommence is from the time where it was stopped, viz. 17.06.2020 (the date of order of stay granted by Government). By this date the entire election process had already commenced including issuance of election notification by the 6th respondent, i.e.12.06.2020.

53. By then, voters lists were already prepared and were considered by the 6 th respondent. This voters list was vetted by this Cooperative Bank. It is in terms of Rule 22(2)(b)(i). Steps were also followed in due compliance with the procedure under Rule 22(2)(b)(iii) to (vi) of A.P.Cooperative Societies Rules as is evident from the information received under RTI Act, by respondents 9 and 10 from CEO of 8th respondent bank, dated 15.06.2020 and the list of ineligible members. Copies of this material are enclosed to the counter affidavit filed on behalf of respondents 9 and 10 in W.P.No.15400 of 2021. This action was in consequence of the decision of earlier managing committee to proceed with the election process, to elect a new managing committee. It is not in dispute that the term of the earlier managing committee was come to an end by 26.07.2020. Appointing an Election Officer on 28.05.2020 is incompliance of these rules.

54. It is fundamental that once an election notification is issued, the process of election as such cannot suffer a challenge nor can be stopped or interdicted. If there is grievance in respect of this process, the recourse is in terms of Rule 49-B of A.P.Cooperative Societies Rules to question the election before the Tribunal. Thus, an efficacious alternative remedy is available by a statutory form to the aggrieved.

55. Apart from these basic requirements in considering an election matter of this nature, the orders of this Court in relation to conduct of

elections recorded in W.P.Nos.7061 of 2021 and 11470 of 2020 impede revision of the electoral roles, viz. the voters list. The voters list as was available and in force on 22.04.2020 alone should be considered for the ensuing elections to the Managing Committee of the society.

53. The contention of learned standing counsel for 8th respondent bank to apply Rule 18(c) of A.P.Cooperative Societies Rules, to include new members, who were enrolled within 30 days prior to issuance of notification, is difficult to apply now. It is not pointed out on behalf of this Cooperative bank that the voters list supplied to the 6th respondent Election Officer by 12.06.2020 did not include such instances. It is further to be noted that such list was supplied by this bank alone through its Chief Executive Officer. Therefore, this Cooperative bank now cannot take a different stand.

54. With reference to voters list the contention of Sri Ganta Prasad, learned counsel for the petitioners in W.P.No.15400 of 2021, that it is without signature of any competent authority or seal of the bank, cannot stand. This voters list is available with this Co-operative Bank. It is the responsibility of its custodian viz., CEO, to attend to these requirements, whenever a copy of it is sought. If this voters list is tampered or in any way meddled, it is the CEO, who should answer and be held responsible for such lapse. There are about 7114 members of this Cooperative bank as on 27.04.2020. It cannot be compared with the figure available on 31.03.2020 that was referred to in the final audit report. The increase in members is on account of intervening period is thus explained.

55. The resolutions relied on by the parties of the then Managing committee dated 26.09.2019 and 29.09.2019 reflect that those members, who did not have minimum share capital of Rs.300/- and who did not make good balance of the deficit amount alone were directed to be removed from the roles of this bank as members. The procedure followed in that context is also reflected from these resolutions, including complying the instructions of the 2nd respondent.

56. It is rather surprising in view of these circumstances, how information was given to the 3rd petitioner by the CEO of the Bank taking a different stand than what was furnished to the 9th respondent.

57. Sri Ganta Prasad, learned counsel for the petitioners in W.P.No.15400 of 2021 contended that even at this stage, the voters list can be directed to be amended suitably including such persons, who are not defaulters or who have been deleted improperly. Support is sought to be drawn from the rulings of Madras High Court (Madurai Bench) in V.P.SUNDAR RAMANUJAM v. THE COMMISSIONER, TAMIL NADU COOPERATIVE SOCIETIES ELECTION COMMISISON AND OTHERS (Order in W.P.No.18610 of 2018 dated 30.08.2018) and of High Court of Kerala in W.P.(C) No.26225 of 2013 in K.N.SASIDHARAN v. THE REGISTRAR OF COOPERATIVE SOCIETIES, THIRUVANANTHAPURAM bythe order dated 16.12.2011. The instances referred to in these two rulings stand in different factual context than the situation found in the present case.

58. Therefore, finding no reason to interdict or interfere with the process of the election that has already commenced including revising the voters list, the contentions of the writ petitioners in W.P.No.15400 of 2021 should be rejected. Thus, this point is answered.

59. POINT No.3: In view of the findings on the above two points, these writ petitions did not merit consideration and should necessarily fail.

60. In the result, W.P.No.9252, 9557 and 15400 of 2021 are dismissed. There shall be no order as to costs. Interim orders granted in all these writ

petitions, if any, stand vacated. All pending petitions including I.A.No.2 of 2021 in W.P.No.9557 of 2021 stand closed. The respondents 6 to 8 shall hold elections to the 8th respondent Cooperative Bank within three (03) months from the date of receipt of copy of this order.

____________________ M. VENKATA RAMANA, J

Dt: 07.01.2022 Rns

HON'BLE SRI JUSTICE M. VENKATA RAMANA

21

W.P.Nos.9252, 9557 and 15400 of 2021

Date:07.01.2022

MVR,J W.P.Nos.9252, 9557 and 15400 of 2021