IMPORTANT POINT
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.

ORDER :

(Tarlada Rajasekhar Rao, J.) :

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief:

“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the Order of 5th Respondent proceedings vide Rc No 12/2023 dt 6 2 2023 and illegal and improper election process vide Proc No 09/B/2022 Dated 18 1 2023 is without considering mandatory objections raised by the petitioner and trying to conduct elections to 6th Respondent Society with improper and illegal voter list without rectifying the anomalies in voter list which is highly illegal arbitrary pervasive irrational and without any authority and unconstitutional and contrary to AP Co Operative Societies Act 1964 and violative of Articles 14 and 21 of Constitution of India consequently set aside the above impugned order and direct the Respondent to conduct the elections to 6th Respondent society after rectifying the anomalies in voter list and to pass such...”

2. The main plea on which this Writ Petition is filed is that the 6th respondent provided a voter's list that included 191 members who were not present at the general body meeting. As seen from records, minute book and admission register of the Marine Fisherman Co-operative Society Budgatlapaem Village of Etcherla Mandalam it only contains 161 members. The 6th respondent has added 29 new voters who are not members to their list, as shown and the 6th respondent is conducting elections without rectifying the voter’s list in spite of appeals made to the Deputy Director of Fisheries to remove the 29 new members to the society.

3. The Deputy Director of Fisheries, Srikakulam, vide proceedings in Rc.No.09/B/2022 dated 28.01.2023 addressed a letter to the petitioner herein, opining that there is no irregularity in the issue and also suggested to file written objections if any on the preliminary voters published by Person in charge (PIC) of the society with documentary evidences between 28.01.2023 to 04.02.2023.

4. Accordingly, the petitioner filed another representation to the person in charge, MFCS, Budagatlapalem, Etcherla Mandal on 02.02.2023, by giving all the particulars. Wherein, the person in charge passed an order dated 06.02.2023 without considering the representation made by the petitioner as directed by the Deputy Director of Fisheries, Srikakulam.

5. Therefore, the petitioner prayed to direct the 5th respondent to conduct election after considering the representation of the petitioner as per the provisions contained in the Andhra Pradesh Cooperative Societies, Act, 1964.

6. The 3rd respondent filed counter affidavit by asserting that after publication of preliminary voters list consisting of 639 members, the petitioner had filed objections on 04.02.2023 in respect of 60 member/voters without valid document evidences (Ex-XII), specifying seaman (17), other community (02), above 65 years (26), students (07) and double entry (08). Though, there is no documentary evidences for his objections, the person in charge had scrutinized the voters list, and deleted 10 ineligible voters from the list i.e., double entries (07), other community (02), employee (01) and finalized the list as 629 members (Ex-XIII) and handed over the same to the election officer on 07.02.2023. The final list of members had also been supplied to the petitioner on requisition.

7. The petitioner also contended that the election officer is trying to conduct elections with improper voters list without rectifying anomalies in voters list is not correct, as all the norms of the Act had been adhered, hence it is not illegal, and there is no need to conduct elections. The 2nd respondent approved the election schedule by re-notifying the date of election as 17.02.2023 in terms of the order of this Court dated 24.11.2022 in W.P.No.35837 of 2022.

8. Learned counsel for the petitioner would further submit that the impugned order dated 06.02.2023 is passed without considering the