WP/28007/2007 of Mulamandala Guruvulu S/o Late Neelayya Vs The Election Officer cum Sub Divisional Co-operative 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 : 28007of2007

DATED: 28.12.2007

Between:

Mulamandala Guruvulu and ors petitioners

And

The Election Officer cum Sub Divisional Cooperative Officer,A.P. Cooperative Societies,Bobbili Fishermen Industrial Coop SocietyMedara Street, Bobbili and ors Respondents THE HON’BLE SRI JUSTICE N.V. RAMANAW.P. No.28007 of 2007

Oral order:

The present writ petition is filed questioning the action ofrespondents in not admitting the petitioners as members of the secondrespondent society, as illegal and arbitrary.

The petitioners claim that they belong to Besta and Neyyalacommunities and residents of territorial jurisdiction of secondrespondent society and submitted applications to the President of thesecond respondent society on 24.8.2007 to admit them into thesociety. While so, the 4[th] respondent issued proceedings dated30.11.2007 appointing the Election Officer to conduct elections on29.12.2007 and the second respondent society published voters liston 11.12.2007, wherein the names of the petitioners are not figuring. Hence, the present writ petition questioning the action of therespondents in not admitting the petitioners as members of the secondrespondent society.

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

The petitioners claim that they are eligible to become membersof the second respondent society and without considering their claim,the respondents are proceeding to conduct elections to secondrespondent society on 29.12.2007 and contend that if the respondents were allowed to conduct elections the petitioners would be put toirreparable loss.

The eligibility or otherwise of the petitioners to becomemembers of the society respondent society is purely a question offact. Such disputed question of fact, the law is well settled, cannot begone into by this Court in a writ petition under Article 226 of theConstitution of India.

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 at liberty 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.

29

THE HON'BLE MR JUSTICE N.V. RAMANA

WRIT PETITION NO : 28007of2007

DATED: 28.12.2007