LAW FOR ALL

Section 21-A (1A) of the Act-Andhra Pradesh Co-Operative Societies Act, 1964 disqualifies a person having more than two children for election or for continuing as a member of the Committee. The disqualification stipulated in this provision, thus, may occur at two stages, namely; at the stage of election of the member or after the election while continuing as a member. A contention was raised that such a disqualification can only be decided by way of an Election Petition. The Division Bench while repelling the said contention, referred to the second limb of Sub-section-(1A) of Section-21-A of the Act and held that as a person having more than two children is rendered disqualified even for continuance as a member of the committee after election, such a dispute need not necessarily be decided only by way of an Election Petition. This judgment, far from supporting the petitioners' case, fortifies the view of this Court that two different mechanisms have been provided for deciding on the disqualification of a member depending upon the stage at which the dispute is raised. For the above-mentioned reasons, the Writ Petition is wholly meritless and the same is, accordingly, dismissed.