ORDER:

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

“….to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the action of the respondent No 6 in violating the AnnexureIII of the proceedings of the 3rd respondent in conducting of elections to the managing committee of the 8th respondent society in Proceedings No.972/E/2022 dated 21.07.2023 as illegal, arbitrary and also oppose to the Andhra Pradesh Cooperative Societies Act, 1964 and to declare the elections as null and void consequentially direct the 3rd respondent to probe into the process of the election conducted by the 6th respondent as per the proceedings in Proceedings No.972/E/2022 dated 21.07.2023 by considering all the contentions raised in the present writ petition and to pass…….”

2. The petitioner herein is a member of the 8th respondent society, which was formed for the benefit of fishermen. The tenure of the managing committee of the society is for a period of 5 years and the general members of the society elect the executive body to the society as per the Andhra Pradesh Cooperative Societies Act, 1964. On 31.08.2021, as five out of the nine of the members of the executive body submitted their resignation, the 4th respondent has appointed the Fisheries Development Officer as the special officer to maintain the affairs of the society as per the procedure in vogue, vide proceedings dated 11.10.2021 for a period of six months or till a new elected body assumes charge of the society.

3. While so, the 3rd respondent has issued proceedings dated

21.07.2023 for conducting elections to various societies in Krishna District as per Andhra Pradesh Cooperative Societies Act, 1964 and in consonance with G.O.Ms.No.15 Agri & Coop (Coop.IV) dated 15.01.2002 and G.O.Ms.No.223 Agri & Coop (Coop.IV) dated 20.06.2005; the 6th respondent was appointed as election officer. The case of the petitioner is that as on the date of appointment of the election officer, there is no person in charge to the 8th respondent society, however, as per the Annexure-III of the proceedings, the person in-charge or the president ought to have prepared the eligible voters list, but, in the present case, the eligible voters list was prepared by the 5th respondent-Fisheries Development Officer, who is not the competent authority.

4. The grievance of the petitioner is that though the election was conducted on 11.08.2023 and a total of 9 members were unanimously elected, the said persons include non-members of the society, which is highly objectionable. As the entire process of election is against the rules in vogue and as well as the G.O in the proceedings dated 21.07.2023, the present writ petition is filed.

5. The respondent No.4 has filed a counter affidavit denying the allegations raised by the petitioner and has further stated that as there is no PIC to the society, the eligible voters list was prepared by the 5th respondent who is the special officer to the society. The election officer i.e. the 6th respondent has conducted elections on 11.08.2023 by following the due procedure as per the proceedings dated 21.07.2023 issued by the 3rd respondent. It is further stated that as per Section 61(3) of Andhra Pradesh Co-Operative Societies Act, 1964, every dispute relating to any election to a committee of a society shall be referred for decision to the Tribunal having jurisdiction over the place and the said decision shall be final. Hence requested this Court to dismiss the writ petition as it is not maintainable. 6. The 7th respondent has also filed a counter affidavit duly reiterating the facts stated by the 4th respondent and has also stated that the writ petition is not maintainable, as every dispute relating to any election to a committee shall be referred for decision to the tribunal having jurisdiction, whose decision would be final.

7.