IMPORTANT POINT
The court established that once the election process has commenced, disputes regarding voter eligibility must be addressed through election petitions rather than through writ petitions.

ORDER :

(Tarlada Rajasekhar Rao, J.) :

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:

…It is prayed that this Hon’ble Court may be Writ of Mandamus or any other appropriate writ, or order, or direction in the nature of a Writ declaring that, the provisions of Co-operative Societies Act, 1964 or Rules or Bye-Laws do not contemplate removal of already admitted members into the PACS/PACCS by 31.01.2005, the date A.P. Act 6, 2005 came into force or make them ineligible to vote even though differential enhanced share capital is paid on the ground that they do not hold agricultural land either as owner or tenant and consequently to direct the Respondents to include all existing members by 31.01.2005, who pay differential enhanced share capital as voters in the ensuring Managing Committee Elections of PACS/PACCS and then only conduct the said elections and to pass such other order or orders….

2. There is a Primary Agricultural Cooperative Credit Society (PACCS) at Jonnalagadda Village, Narasaraopet Mandal, Guntur District, consisting of Jonnalagadda, Dondapadu, Rangareddipalem, Kesanapalli, Kothapalem and Narsaraopet villages within the area of operation of the Society. The principal seat of the Society is situated at Jonnalagadda. It is the contention of the petitioner herein that Section 19 (1) of the A.P. Cooperative Societies Act, 1964 (for short hereinafter called as ‘Act’), prescribed ‘Eligibility for Membership’ subject to the provisions of Section 21 (a) of the Act. As per the Section 21(a) of the Act, an individual who should attained majority and is of sound mind and who belongs to a class of persons, if any, for whom the Society is formed as per its bye-laws and who possess such qualifications as may be specified in the bye-laws or as may be prescribed for the concerned class of Societies in the interest of Cooperative movement. And also indicates that one shall hold hold an agricultural land either as an owner or a tenant in the area of operation of the said Society, in such a manner as may be prescribed.

3. Earlier to 2005 as per bye-laws of P.A.C.S./P.A.C.C.S. every person who is dependent on agriculture is entitled to become member of the Society and avail its services. And Section 25 (1-A) was added by A.P. Act, 22 of 2001, which reads thus “A member of a Society shall be eligible to exercise the right to vote only if he:- (a) contributes a minimum share capital as may be prescribed”. Rule 18 of A.P. Co-operative Society Rules 1964 as amended by G.O.Ms.No. 37 dated 28.01.2002 prescribes that a member of a Society shall be eligible to exercise the right to vote only if he subscribes a minimum share capital of Rs.300/-.

4. And the authorities have informed the old members who were with Rs.10/- share capital to pay the balance share capital of Rs.290/- on or before 04.01.2013 to be eligible to become voters and in fact, the final list of the voters has to be published by the Election Officer along with issuance of Election Notification, as per the Rule 22 (2)(b)(vi) of the Act. Thus, the existing old members can pay the differential share capital on or before 21.01.2013 and become eligible to vote and prescribing the date 04.01.2013.

5. And the petitioner and other members were informed that they were removed from membership of the society on the ground that they did not pay the differential share capital and /or do not hold agricultural land either as the owner or tenant, when they requested the reasons for removal or ground for removal they were provided with the same by the Society. The said action was assailed in the Writ Petition on the ground that the action of the 2nd respondent Society is arbitrary, illegal and violative of the Rules and Bye-laws of the A.P. Cooperative Societies Act, 1964. And as contemplated under Section 21(3) of the Act, where any person, who is not eligible for being admitted as member has been admitted as member or where the member who