- (1.) In the State of Andhra Pradesh, it is said, there are about 48.000 cooperative societies. For about a decade that preceded the year 1981, no election to the cooperative societies appears to have been held in this State; the three year term of the Managing Committees of the cooperative societies to which elections were held in the year 1981 expired in September/October, 1984; and thereafter no election having been held to the Managing Committees of about 7,000 cooperative societies represented by the petitioner-association. W. P. No. 961/86 was (filed on 3-2-1986 for the issue of a writ of mandamus directing the respondents in the writ petition to hold elections to the Managing Committees of the member-cooperatives of the petitioner-association forthwith. That writ petition and W.P. No. 1168/86, filed on 6-2-86 for almost the same relief, have been disposed of by the learned single Judge by the Judgmaent dt. 16-4-1986, directing the respondents in the writ petitions to hold the elections within three months from the date of receipt of the copy of the judgment. This writ appeals are filed by the respondents (the State of Andhra Pradesh and the Registrar of Cooperative Societies) challenging the validity of the judgment of the learned single Judge. The fact remains that to this date elections have not been held to the Managing Committees of the cooperatives in question. The questions falling for decision in these writ appeals are : 1. Whether the learned single Judge was in error in allowing the writ petitions, giving the aforesaid directions ? and 2. What, it any, is the direction to be issued by us in these appeals ?
(2.) For the sake of convenience, we would refer to the facts and material papers produced in W. P. No. 96'/85, out of which arises W A. 503/86, though by this common judgment, we would ba disposing of W. A. No. 504/86, arising out of W. P. No. 1168/86 also. On 3-3-1984, the writ petitioner, an association of primary agricultural 'comperatives (PACs) of Andhra Pradesh, submitted a memorandm to the Government with a request to initiate action for conducting elections to cooperatives before the expiry of the three-year term of elected committees in October, 1984. (Extracts from this memoran' dum should be seen at p. 12-B of the material papers). The Government by Memorandum No. 41090/Coop. IV/82-12 dated 4-8-1934 had called for a report from the Registrar of Cooperative Societies with respect to the conduct of elections to the cooperative societies. That memorandum begins as follows : "Elections were held to a number of societies in September to December, 1981. The term of the societies would be expiring in the next few months. Government decide the Registrar of Co-operative Societies should collect the following particulars from all the District Collectors before deciding the election schedule for all the societies to which elections have to be held in the next few months.."
(3.) Soon thereafter, on 28-9-1984, the Registrar gave telegraphic orders to the Collectors and other subordinate officers to appoint person in charge in in place of Committees whose term of office was coming to an end. On Oct.9, 1984, invoking Sec. 123 of the A. P. Cooperative Societies, Act 1964(Act7 of 1964) (hereinafter referred to as 'the Act'), the Government passed orders post-poning elections to the Managing Committees of all the cooperatives by three months, and ordered the Registrar to replace the elected managements by official nominees. By the interim order dated 19-13-1984 in WPMP No. 18202 of 1984 in WP 13861/84 and the petitions in the batch of writ petitions, this Court suspended the operation of the order appointing special officers and also directed the respondents in the petitions to consider the feasibility of extending the term of the existing committees. In obedience to this order, the Government passed orders in G. O. Rt. No. 1688 dated 25-10-1984 for extending the term of elected committees of the societies for a three-month period pending elections; and puporting to be in exercise of the powers conferred by Section 123 of the Act and Rule'67 of the Rules made thereunder, the Government exempted all classes of societies except the Employees' Cooperative Credit Societies, from the provisions of sub-section (1) of the section 31 of the the Act and Rule 22 of the Rules made thereunder relating to conduct of elections, for a period of three months or until further orders whichever was earlier, stating that drought conditions were prevailing in the State.;