ORDER :

The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

“to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.1 to 4 in appointing the respondents No.6 to 8 as non-official person-in-charge for the respondent No.5 society at the instance of local MLA through G.O.Rt.No.849, dated 05.12.2022 on the file of the 1st respondent and consequential Proceedings in Rc.No.194/2018-C, dated 09.12.2022 on the file of the 4th respondent are contrary to the orders of this Hon’ble Court made in W.P.No.21690 of 2022 and batch dated 30.09.2022 and contrary to the judgments of Division Bench of this Hon’ble Court in the matter of M. Ranga Reddy vs. State of A.P. & another, B. Kota Mallaiah vs. Commissioner & Registrar of Cooperative Societies & Gottipati Rama Rao vs. Special Cadre Deputy Registrar and others (Reported vide 1991 (3) (ALT) 532 is highly illegal, arbitrary, unconstitutional, in violation of Article 14 and contrary to Section 32 (7)(a)(i) of APCS Act, 1964, set aside the same, and consequently direct the respondent Nos.1 to 4 to continue the petitioner as non official person-in-charge committee of the respondent No.5 society till the elections to be conducted and pass such other order or orders ….”.

2. The case of the petitioner, in brief, is :

Petitioner was elected as President of respondent No.5/society during the elections held in 2013, for a period of five years. After completion of period, since elections were not conducted, term was extended for a period of six months through proceedings dated 10.08.2019. The said period was extended from time to time, through proceedings, dated 31.07.2020, 30.01.2021 and 31.01.2022. Before expiry of extended term, local MLA addressed letter, dated 15.07.2022 to the Minister for Agriculture, Government of Andhra Pradesh, Vijayawada, recommending appointing his henchmen as three man person-in-charge committee of respondent No.5 society. Challenging the same petitioner along with others filed W.P.No.21690 of 2022, pending which interim direction was given to continue petitioner and two others as person-in-charge till election is conducted or until further orders. Pending W.P.No.21690 of 2022, respondent No.4, by proceedings dated 02.08.2022, extended the term of three-man person-in-charge committee of respondent No.5/society. The said writ petition along with other writ petitions was disposed of on 30.09.2022. After disposal of the writ petition, respondent No.1 issued G.O.Rt.No.849, dated 05.12.2022, wherein respondent Nos.6 to 8 were appointed as three men person-in-charge of respondent No.5/society. Pursuant to said G.O. respondent No.4 issued proceedings vide Rc.No.194/2018-C, dated 09.12.2022 appointing respondent Nos.6 to 8 as three men person-in-charge committee of respondent No.5/society till 30.01.2023 or till elections are conducted or until further orders, whichever is earlier. Assailing the same, present writ petition is filed.

3. Instructions were placed before this Court wherein it is stated that three man person-in-charge committee for respondent No.5/society was appointed exercising power 32 (7)(a) of APCS Act. Initially petitioner herein along with others filed W.P.No.21609 of 2022 and the same was disposed of by order, dated 30.09.2022. Pursuant to disposal of W.P.Nos.21609 and 23302 of 2022, CEOs of co-operative societies were directed to send particulars of members suitable to be nominated as three man person incharge committee. CEO of respondent No.5 society submitted the names of suitable persons to the Government through proper channel. Basing on the proposals received from District Cooperative Officer, Anakapalli, Government issued G.O.Rt.849, dated 05.12.2022 and subsequently, three man persons-in-charge committee was appointed, whose term, as per proceedings, is till 30.01.2023. Petitioner cannot have righ