WP/20672/2008 of Smt. Sheik Mahaboobi, Vs The Registrar of Co-Operative Societies on 31 December 2008

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND EIGHT

PRESENT

THE HON'BLE MR JUSTICE RAMESH RANGANATHANWRIT PETITION NO : 20672 of 2008

Between:1 Smt. Sheik Mahaboobi, W/o. Amir Basha, R/o. Karmik Nagar, Gudivada, Krishna District.2 Goriparthi Visweswara Rao, S/o. Veerraju, R/o. H.No. 14/332, Opp. Sub-Registrar Office, Gudivada, KrishnaDistrict.3 Varri Chenna Keshava Rao, S/o. Varri Pothuraju, R/o. H.No. 14/791, Railway Station Road, Gudivada, KrishnaDistrict.4 Adapa Nageswara Rao, S/o. Ramanujayya, R/o. Peda Erukapadu, 18th Ward, Gudivada, Krishna District.5 Allada Rama Rao, S/o. Ranga Rao, R/o. 13/113-C, Patimeeda, Gudivada, Krishna District.6 Yalavarthi Venkateswaramma, W/o. Koteswara Rao, R/o. 8/70, 8th Ward, Gudivada, Krishna District.7 Gokarakonda Arjuna Rao, S/o. Venkateswara Rao, R/o. 11/138D3, Medarla Bazar, Gudivada, Krishna District.8 Sirigiri Harinathbabu, S/o. Someswara Rao, R/o. 4/319, Near Ganganamma Temple, Gudivada, Krishna District.9 Boyina Rama Rao, S/o. Panduranga Rao, R/o. 19th Ward, Bethavolu, Gudivada, Krishna District.10 Puppala Rajya Lakshmi, W/o. Rama Krishna, R/o. 11/229, Gudivada, Krishna District.

..... PETITIONER(S)

AND

1 The Registrar of Co-Operative Societies Nampally, Hyderabad 2 The District Collector Machilipatnam,Krishna District3 The Election Officer Cum-Divisional Co-Operative OfficerGudivada,Krishna District 4 The Gudivada Co-Operative Urbank Ltd Regd.No.1482 GudivadaKrishna District rep.by its Chief Executive Officer 5 Sri Boppana Bapineedu Prasad S/o Harneedu The Gudivada Co-Operative Urban Bank Ltd R/o. 14th Ward Jagannathapuram,Gudivada

.....RESPONDENT(S)

Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to to issue an appropriate writ of Mandamus declaringthe action of the respondents in presenting the voters list dt 8-9-2008which was released to contenting candidates and made public only dt19-08-2008 ie after the date of withdraws by deleting more than 700votes including the votes of the petitioners No.2 to 10 out 12000 voteswithout calling for objections and without issuing any notice andconducting elections to the 4th respondent Bank as illegal unjustarbitrary and violative of Articles 14 and 19(1) (c) of the constitution ofIndia apart from violative of provisions of the A.P CooperativeSocieties act 1964 and the Rules made thereunder and consequentlyset aside the voters list dt 08-09-2008 while directing the Respondentsto prepare the fresh voters list in accordance with law and also directthe respondents to conduct elections to the 4th respondent Bank onlythereafter and pass Counsel for the Petitioner:MR.K.R.PRABHAKAR

Counsel for the Respondent No.: GP FOR COOPERATION

The Court made the following :

HON’BLE SRI JUSTICE RAMESH RANGANATHAN

WRIT PETITION NO.20672 of 2008