( 1 ) HEARD both sides and perused the material on record.

( 2 ) THE petitioners claim to be the members of the third respondent-Sri venkateswara Co-operative House Building society for A. P. Legislators Limited. It is stated that since no elections were conducted to the Managing Committee for the past many years, Persons-in-charge were being appointed by the Government from time to time. In pursuance of the repeated requests made by the members of the society, ultimately the respondent authorities decided to hold elections and accordingly vide proceedings dated 23-12-2004 the District collector, who is the Election Authority has appointed the 2nd respondent - The Deputy registrar as Election Officer. In pursuance thereof, the 2nd respondent vide proceedings dated 3-2-2005 announced the election programme, according to which the election date was fixed as 22-2-2005. However, the 1st respondent-Government of A. P. vide memo dated 11-2-2005 stayed the elections scheduled and the same was informed to the members of the society by the 2nd respondent by notice dated 12-2-2005. The said proceedings of the 1st respondent dated 11-2-2005 as well as the order of the 2nd respondent dated 12-2-2005 are under challenge in this writ petition contending that the same are contrary to law and without jurisdiction.

( 3 ) THE learned Counsel for the petitioner vehemently contended that since the 1st respondent has no power or authority to interfere with the election process, the impugned order dated 11-2-2005 is ex facie illegal and without jurisdiction and therefore liable to be set aside.

( 4 ) IN support of his contentions, the learned Counsel for the petitioner relied upon the decision in M. A. Sami Khan v. The district Collector, 1992 (1) ALT 611 (DB ).

( 5 ) IN the counter-affidavit filed on behalf of the 1st respondent, it is stated that the members of the 3rd respondent society approached the Government and questioned the non-enrolment of purchasers of plots from legislators as members. They complained that as per bye-laws of sri Venkateswara Co-operative House building Society, whereas only legislators are entitled to be members/voters of the society, the employees of Assembly were allotted plots and were given voting rights. It is further stated that the majority of the members had not received notices as they were outside the city and those involved in mal practices and facing criminal charges before the Court of Law and facing investigation by the ACB were allowed to contest the elections. Since opportunity was not given to the members to participate in democratic elections and those indulged in mal practices were not deleted from membership, it was represented to the Government to stay the elections. Accordingly, under the impugned Memo the elections were stayed. It is also stated that the Government in G. O. Ms. No. 368, Aandc (Co-op IV) Department, dated 29-12-1999 had withdrawn the powers conferred on the Co-operative Departmental Officers in respect of five major Co-op. Societies in twin cities including Sri Venkateswara co-op. House Building Society for A. P. Legislators Limited, Hyderabad and placed them under the direct control of the commissioner for Co-operation and Registrar of Co-operative Societies, A. P. , Hyderabad. It is reported by the Divisional Co-operative officer, Golconda Division, Hyderabad that the District Collector / Election Authority, hyderabad notified the elections to the posts of the President and Members of the managing Committee of Sri Venkateswara co-op. House Building Society and appointed the Divisional Co-operative Officer, secunderabad as Election Officer. In fact, the notification issued was without prior approval of the Commissioner for Co-operation and Registrar of Co-operative societies. The 1st respondent after careful consideration and in the larger interest of the members of the society had stayed the elections under the impugned memo.

( 6 ) THE respondent No. 4 as well as the respondent

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