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PRASHANT KUMAR MISHRA, D. V. S. S. SOMAYAJULU
C. Naga Vinitha – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
Prashant Kumar Mishra, J.
Writ Appeal No.159 of 2022 has been preferred by two petitioners out of the four petitioners in W.P.No.15400 of 2021, questioning the dismissal of their writ petition by the impugned order passed by the learned single Judge in three writ petitions, i.e. W.P.No.9252, 9557 and 15400 of 2021.
2. In W.P.No.15400 of 2021, the present appellants/writ petitioners have sought declaration that the voters list dated 31.03.2020 prepared/published by the 8th respondent bank is illegal, arbitrary, violative of Articles 14 and 19 of the Constitution of India, the provisions and Rules of the Andhra Pradesh Co-operative Societies Act, 1964 (in short “the 1964 Act”) and the guidelines issued by the authorities concerned from time to time and consequently to direct the 8th respondent bank to collect deficit share capital from the members concerned and to publish fresh voters list by taking into consideration of newly defaulted members, illegal removals, disqualifications and who got eligibility as on publishing new voters by inviting objections from the members as required under Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964.
3. W.P.No.15511 of 2022 ha
The provisions of Section 31(2) of the Andhra Pradesh Co-operative Societies Act, 1964 and Rule 22 of the Andhra Pradesh Co-operative Societies Rules, 1964 govern the preparation of voters lists and ....
is fundamental that once an election notification is issued, the process of election as such cannot suffer a challenge nor can be stopped or interdicted.
The court established that adherence to the procedural requirements for finalizing the voter list is essential for conducting valid elections under the AP Co-operative Societies Act.
The preparation of electoral roll under Rule 13-D(2-A) is an integral part of the election process, and the writ petition to challenge the electoral roll on the ground of non-compliance with Rule 13-....
The central legal point established in the judgment is the importance of a complete and transparent electoral list for conducting fair and democratic elections in accordance with the DCS Act 2003 and....
Disputes regarding electoral rolls must be addressed through statutory remedies under the Kerala Co-operative Societies Act, not via writ petitions.
The court ruled that the provisional voters' list must be based on the correct date as per statutory rules, emphasizing compliance with election regulations.
The main legal point established in the judgment is that objections to the provisional voters list for co-operative society elections must be within the jurisdiction of the Election Officer and must ....
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