Point of law: As the election process having already begun in this case and in view of the aforementioned authoritative pronouncements, the present writ petition filed questioning the election notification cannot be entertained. If the petitioners are aggrieved by the omission of their names from the voters list, they have to take recourse to the remedy provided under Section 61(3) of the Act by raising an election dispute, after the completion of the election process and within the period of limitation stipulated under the statute

ORDER :

M. Ganga Rao, J.

1. This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief's :-

"..to issue a Writ of Mandamus declaring (a) the action of person in charge committee of the 5th respondent cum Fisheries Development Officer, Ongole, admitting respondents 7 to 42 as contrary to provisions of G.O.Ms. No. 74 of Animal Husbandry, Dairy Development & Fisheries (F.II) Department dated 21.10.2011 and clause 4(a) and 4(b) of bye laws of the 5th respondent society and the provision of APCS Act, 1964 and rules framed thereunder; (b) declaring the action of the respondents in not including the 2nd petitioner, who was one of the Director of the earlier committee in voters list as illegal, arbitrary and violative of the principles of natural justice, provisions of the APCS Act 1964, Rules and Bye-laws of the Society; (c) direct 6th respondent to rectify the voter list by removing respondents 7 to 42 and including petitioner No. 2 and then only conduct elections to the 5th respondent society and (d) pass such other order or orders.."

2. Heard learned counsel for the petitioners and learned Government Pleader for Co-operation. Since this Court is inclined to hear and pass appropriate order in the writ petition at the stage of admission, no notice is ordered to the respondents 7 to 42.

3. The case of the petitioners is that the 1st petitioner is the member of the 5th respondent - Sri Venkata Ramana Harijan Fishermen's Co-operative Society. The 2nd petitioner was the Director of the superseded elected management committee of the 5th respondent society. He is interested in contesting in the ensuing elections. The 5th respondent society is formed in the year 1984 and duly registered under A.P. Cooperative Societies Act, 1964 [for short, 'the Act']. Elections of the managing committee of the society was conducted on 14.03.2017 and the office bearers were duly elected on 14.03.2017 for a period of five years. The term of the committee expires on 13.03.2022. After the general elections in the State and change in the Government, the Fisheries Development Officer, Ongole, on 02.08.2019 requested the managing committee of the society to handover the books of the society. Subsequent to handing over of the books, on 21.09.2019, the 4th respondent, with a predisposed mind of superseding the managing committee of the Society, has issued a show cause notice, for which the members of the managing committee issued a reply on 02.10.2019 stating that the books of the Society have been handed over to the Fisheries Development Officer and will only be able to give reply upon providing the same to them. Despite the said reply, the 3rd respondent, on 09.10.2019, illegally and without following the procedure envisaged under the provisions of the Act, superseded the elected committee under Section 34 of the Act and appointed Fisheries Development Officer [FDO], Ongole, as person-in-charge [PIC]. Thereafter, the person-in-charge, at the instance of political busy bodies in the village who belong to party in power in the State, illegally and contrary to the provisions of the Act, Rules made under the Act, G.O.Ms. No. 74 dated 21.10.2011 and clause 4(a) and 4(b) of the amended bye-laws of the 5th respondent Society, admitted respondents 7 to 42, despite non availability of water sources as per the viability norms @ 1Ha WSA per one person under the Society for fishing. The petitioners for the first time came to know about the inclusion of respondents 7 to 42 as members of the society only when the 6th respondent, who is appointed as the Election Officer, referring to the proceedings No. Elections 474/E/2020 dated 02.11.2020 of the 3rd respondent, has published an undated voter list stating that election will be held on 18.12.2020. Except the voters list and intimating the date of election, no other election schedule is published so far. Even the proceedings, dated 02.11.2020, were not made available to the petitioners.