ORDER :

Both the writ petitions are taken up for hearing and disposed of by this common order since basing on the letter of the Person In-charge of the Fishermen Co-operative Society, Kaluvoy dated 02.08.2021 whereby he submitted a report to the District Election authority, SPSR Nellore District stating that 228 members of the society who were removed from the society filed W.P.No.13396 of 2019 and till the outcome of the said writ petition is awaited, it was decided to stall the elections to the society as per the election notification dated 23.07.2021 and also to conduct secret ballot voting, thereby requesting to postpone the elections till the outcome of W.P.No.13396 of 2019, the Joint Director of Fisheries/Additional District Election Authority passed the Memo dated 04.08.2021 postponing the elections to the society until further orders in accordance with the provisions of Rule 22-C(iii) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short ‘the Act’), which is questioned in W.P.No.29802 of 2021.

2. The petitioner in W.P.No.29802 of 2021, who is the Ex-President of the Fishermen Co-operative Society, Kaluvoy, SPSR Nellore District, filed the writ petition being aggrieved by the impugned Memo dated 04.08.2021 of the 4th respondent in postponing the elections of the 6th respondent society executive body, seeking a direction to the respondents to proceed with the election process in pursuance of the election notification dated 23.07.2021 issued by the 2nd respondent.

3. Sri K.Rathangapani Reddy, learned counsel appearing for the petitioner in W.P.No.29802 of 2021, would contend that the 6th respondent society is a registered Fishermen Co-operative Society registered in the year 1955 and ever since the society has been functioning through the elected Managing Committee as per the bye-laws of the society. When the term of the existing Managing Committees of the society is going to expire, then the District Election Authority, Nellore by proceedings dated 23.07.2021 exercising the powers vested under Section 31(2) of the Act read with Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964 (for short ‘the Rules’) made thereunder issued election notification, duly fixing election schedules to conduct elections to the Managing Committee of the Fishermen Cooperative Societies as per the election schedule and also appointed the Election Officers detailed therein. Out of three-phase election schedule, the election of the 6th respondent society is scheduled to be in Phase-I duly fixing the date of poll on 27.07.2021 appointing Sri S. Sreenivasulu, Assistant Director of Fisheries, Kavali as Election Officer. The Election Officer has to conduct elections to the Managing Committee of the Society in accordance with Rule 22(B) of the Rules. After completion of the election process, the Election Officer will submit the election comprehensive report along with elected Managing Committee to the Joint Director of Fisheries, SPSR Nellore District, Nellore. The said election programme is postponed through the impugned proceedings dated 04.08.2021 issued by the 4th respondent until further orders in accordance with the provisions under Rule 22-C(iii) of the Rules based on the report dated 02.08.2021 of the 6th respondent and letter dated 04.08.2021 of the 5th respondent referring to the orders of the 2nd respondent-District Election Authority, Nellore. The impugned order refers to the report of the Person In-charge of the society, wherein it is stated that 228 members out of 350 members were removed from the society, the elections of the society may be deferred until further orders of this Court in W.P.No.13396 of 2019 and if the elections are conducted by raising the hands, there will be every likelihood of law and order problem and the members have no chance of participating in the elections freely and fairly and the secret ballot may be introduced.

4. Out of 228 members who were removed as the members of the society, 146 memb