WP/28145/2007 of K. Rajeswara Rao S/o Adeyya Vs The Deputy Registrar of Cooperative Societies, on 28 December 2007

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 28145of2007

DATED: 28.12.2007

Between:K.Rajeshwara Rao petitioner

And

The Deputy Registrar of Coop Societies,AMC complex,Governorpet, Vijayawada & another Respondents THE HON’BLE SRI JUSTICE N.V. RAMANAW.P. No.28145 of 2007

Oral order:

The present writ petition is filed questioning the action ofrespondent No.2 in preparing the voters list dated 31.10.2007, asillegal and arbitrary.

The grievance of the petitioner, who is member of the secondrespondent society is that the second respondent society has prepareda voters list dated 31.10.2007, committing irregularities like refusing toadmit new members, retaining the dead and retired members and notdisplaying the provisional voters list calling for objections of themembers etc. Hence, the present writ petition.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader for Co-operation.

The petitioner alleges irregularities against the secondrespondent society while preparing the voters list and contends that ifthe respondents were allowed to conduct elections with sucherroneous voters list, irreparable loss and hardship would be caused.

The writ petition raises disputed questions of fact, namelywhether the second respondent society refused to admit the newmembers, who are eligible, Whether the dead and retired personswere continued and whether the final voters list is prepared withoutdisplaying the provisional list calling for the objections etc. Suchdisputed questions of fact, the law is well settled, cannot be gone into by this Court in a writ petition under Article 226 of the Constitution ofIndia.

Having regard to the provisions of Section 61(3) of the A.P. Co-operative Societies Act, 1964, which states that every dispute relatingto, or in connection with any election to a committee of a society shallbe referred for decision to the Tribunal having jurisdiction over theplace where the main office of the society is situated, whose decisionshall be final, I am of the considered opinion that the said questioncannot be gone into by this Court in this writ petition, and the remedy ofthe petitioner, is to approach the Tribunal.

In fact this Court in M. Ramachandra Reddy and Others v.

Government of A.P.[[1]]considered similar question as is involved inthis writ petition, and held that even if it was assumed that there werecertain irregularities in enrolment of the members of the society andpreparation of the voters list, as held by the apex Court in Shri SantSadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra[[2]], the same can at themost be a valid ground to raise an election dispute after the declarationof the result, and that sub-sections (3) and (4) of Section 61 of the Actin clear terms provide that any dispute relating to any election to acommittee of a society shall be referred to the Tribunal only after thedate of declaration of the result of such election.

For the foregoing reasons, I find no merit in the writ petition, andthe same is accordingly dismissed. However, the petitioners are atliberty to approach the Co-operative Tribunal under Sections 61(3) and (4) of the A.P. Co-operative Societies Act, afterconduct of the elections and raise election dispute. No costs.

Dated: 28[th] December, 2007.

tvk

_________________

N.V. RAMANA, J.

35

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 28145of2007

DATED: 28.12.2007

[1]2006 (2) ALD 296[2](2001) 8 SCC 509