The subject matter of these three writ petitions is common and therefore they a heard and being decided together.

2. The petitioner in each of these writ petitions is the Member of the Guntur District Milk Producers Mutually Aided Cooperative Union Limited, Sangam Dairy, Vadlamudi, Guntur District (for short, "the society"). An election officer was appointed for conducting elections to the post of three Directors of the society. The election officer has issued an election notification on 12.09.2010. According to the said notification, 15.09.2010 was fixed for filing nominations and finalization of the list of the nominations, 17.09.2010 for withdrawal of the nominations, publication of the list of the candidates remaining in the field, for allotment of election symbols to the candidates and also to declare the names of the candidates, who are unanimously elected in case the number of candidates does not exceed the number of posts of Directors. It is further notified that in case of contest, the poll will be held on 23.09.2010 and results to the post of Directors will be declared and election to the post of chairman will be held on the same day. In pursuance of the said election notification, the petitioners in Writ Petition Nos.23488 and 23349 of 2010 filed their nominations to the post of Directors.

3. It is not in dispute that the petitioner III Writ Petition No.23488 of 2010 has withdrawn his nomination and that as the umber of candidates, who filed the nominations to the post of Directors, did of exceed the number of posts of Directors, the election officer has published the list of e candidates, who have unanimously got elected as Directors on 17.09.2010 itself.

4. While so, the petitioner in Writ Petition 0.23488 of 2010 filed O.P. No 4 of 2010 questioning acceptance of the nomination the petitioner in Writ Petition No.23349 f 2010 on multiple grounds, reference to which is not necessary in the context of ajudication of the present writ petitions. 17.09.2010, the A.P. Co-operative Tribunal, Vijayawada, Krishna District (for short, "the Tribunal") has passed an order restraining the petitioner in Writ Petition No.23349 of 2010 from taking part in the elections. However, the said order was vacated by the Tribunal by its order dated 20.09.2010. Assailing the said order, Writ Petition No.23488 of 2010 has been filed by the petitioner in O.P. No A of 2010. Before the interim order granted by the Tribunal was vacated, the petitioner in Writ Petition No.23349 of 2010 has filed the said writ petition. Another Member of the Society filed Writ Petition No.23511 of 2010 without approaching the Tribunal for a Mandamus to declare the action of the election officer in acting contrary to some of the provisions of the A.P. Mutually Aided Cooperative Societies Act, 1995 (for short, "the Act") and the bye-laws made thereunder and sought for a direction to declare that the petitioner in Writ Petition No.23349 of 2010 is ineligible to contest the elections to the post of Chairman of respondent No.1, proposed to be held on 23.09.2010.

5. I have heard Sri B.V. Subbaiah, Sri S.R. Ashok, learned Senior counsel and Sri B. Adinarayana Rao, learned counsel appearing for the petitioners in their respective writ petitions.

6. Sri B.V. Subbaiah and Sri S.R. Ashok, learned counsel appearing in Writ Petition Nos.23488 and 23511 of 2010 contended that the Tribunal was not justified in vacating the interim order without properly appreciating the main submission of their clients that the petitioner in Writ Petition No.2349 of 2010 does not satisfy the fundamental requirement of Section 21 (7)(a) and (b) of the Act.

7. Sri B. Adinarayana Rao learned counsel appearing for the petitioner in Writ Petition No.23349 of 2010, who is impleaded as respondent Nos.3 and 4 in Writ Petition Nos.23511 and 23488 of 2010 respectively submitted that the O.P. filed by the petitioner in Writ Petition No.23488 of 2010 is not maintainable, as the remedy of election petition ca