Telangana High Court

WP/40290/2012 of Pragada Nageswara Rao Vs The District Collector/District Election Authority, on 31 December 2012

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R. SUBHASH REDDY WRIT PETITION No.40290 OF 2012 ORDER: This Writ Petition is filed seeking a direction by way of mandamus to declare the action of respondent Nos.3 to 5, in admitting new members to respondent No.5 – Society after 21.12.2012, as illegal, arbitrary and violative of the

HON’BLE SRI JUSTICE R. SUBHASH REDDYWRIT PETITION No.40290 OF 2012

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ORDER:

This Writ Petition is filed seeking a direction by way ofmandamus to declare the action of respondent Nos.3 to 5, in admittingnew members to respondent No.5 – Society after 21.12.2012, asillegal, arbitrary and violative of the provisions of Andhra Pradesh Co-operative Societies Act, 1964 (for short, ‘the Act’).

The petitioner is a member of respondent No.5 – Society, whichis registered under the Act in Visakhapatnam District. TheCollector/District Election Authority, Visakhapatnam, has issued theElection Schedule for the purpose of conducting elections to theManaging Committees of Primary Agricultural Co-operative Societies.As per the Election Schedule notified by the District Election Authority,Election Officers are appointed on 21.12.2012 in two phases.Similarly, 27.12.2012 is the date notified for preparation of list ofeligible members to vote, by the Chief Executive Officer (CEO) of theSociety; 31.12.2012 is the date notified for inviting objections by theCEO and for finalisation of voters list; and 04.01.2013 is the datenotified for handing over the list of members eligible to vote, to theElection Officer.

In this Writ Petition, it is the grievance of the petitioner that somemembers were admitted by respondent No.5 – Society subsequent to21.12.2012 and as such, they are not eligible to vote in the elections tothe Managing Committee.

In this case, it is to be noticed that the members, against whomallegations are made that they are admitted as members after21.12.2012, are not made as party respondents. In any event, if the petitioner is having any objection to the list of eligible members, he canas well file the same before the CEO of respondent No.5 – Society.Without filing objections and consideration by the competent authority,there is no reason to approach this Court.

Having regard to the Election Schedule notified by the DistrictElection Authority, I deem it appropriate to dispose of the Writ Petitionpermitting the petitioner to file his objections, if any ineligible membersare added in the list of voters prepared by the CEO. If any suchobjections are filed, the CEO of respondent No.5 – Society shall consider the same, before handingover the list of members eligible to vote to the Election Officer.

Subject to the above directions, the Writ Petition is disposed of.Miscellaneous Petitions, if any, pending in this Writ Petition shall standclosed. No costs.

December 31, 2012

________________________

R. SUBHASH REDDY, J

Note: Issue C.C. in two days.B/o. MD

HON’BLE SRI JUSTICE R. SUBHASH REDDY

MD

WRIT PETITION No.40290 OF 2012

December 31, 2012

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