Telangana High Court

WP/39543/2012 of Beeram Narasimha Reddy, Vs The Government of A.P., on 31 December 2012

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SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.39543 of 2012 ORDER: In this Writ Petition, petitioners seek a mandamus declaring the action of the second respondent – District Collector, Kadapa, in deleting the names of the petitioners and admitting ineligible persons as members and

THE HON’BLE SRI JUSTICE R.SUBHASH REDDYWRIT PETITION No.39543of2012

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ORDER:

In this Writ Petition, petitioners seek a mandamusdeclaring the action of the second respondent – DistrictCollector, Kadapa, in deleting the names of the petitionersand admitting ineligible persons as members andconsequently including in the list of voters, as illegal andarbitrary.

Respondent No.6 is a Primary AgriculturalCooperative Society Limited, Chinnakesampally Village,Badwel Mandal, Kadapa District, registered under theprovisions of the Andhra Pradesh Cooperative SocietiesAct, 1964.

In this Writ Petition, it is the grievance of thepetitioners that though themselves and similar others aremembers from the last several years, their names werenot shown in the voters list. It is also their grievance thatsome third parties, who are not eligible, were admitted andtheir names are being shown in the voters list for thepurpose of ensuing elections to the Managing Committeeof the sixth respondent society.

On instructions, it is submitted by the learnedAssistant Government Pleader for Cooperation appearingfor respondents 1 to 5 that pursuant to the notificationissued by the election authority, steps are being taken tohold elections.

It is stated that as per the election notification,08.01.2013 is the date for finalizing the list of membersafter considering the claims or objections, and 04.01.2013is the last date for the purpose of submitting claims orobjections.

When the matter is taken up, it is submitted by thelearned counsel for the petitioners that after filing the WritPetition, in the voters list, names of the petitioners areincluded.

In view of the said development, grievance of the petitioners which further remains is only with regard toadmitting some ineligible persons as members of thesociety and inclusion of their names in the voters list.

In that view of the matter, as it is stated that as perthe notification issued by the District Election Authority,04.01.2013 is the last date for filing claims or objections before the Chief Executive Officer/President of the sixthrespondent society, I deem it appropriate to permit thepetitioners to file their objections with regard to deletion ofnames of some third parties from the list of membersprepared by the said authority. If any such claims orobjections are filed, the Chief Executive Officer/Presidentof the sixth respondent society shall consider the samebefore sending the list to the Election Officer for thepurpose of holding elections to the Managing Committeeof the sixth respondent society.

Subject to the above, the Writ Petition is disposed of.No order as to costs.

In view of disposal of the Writ Petition,WPMP.No.50222 of 2012 also stands disposed of.

______________________

R.SUBHASH REDDY, J

31[st] DECEMBER, 2012.Note: issue c.c. in two days.

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