ORDER

This writ petition, under Article 226 of the Constitution of India, is filed seeking the following relief/s:

“..to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 4th respondent in issuing orders in Rc.No.Cooperative Societies Elections dated 14.09.2021 disqualifying the petitioners society and the election schedule issued by the 5th respondent dated 21.09.2021 in pursuance of the proceedings No.655/C/2012 dated 22.08.2021 of the 2nd respondent as illegal, arbitrary, unconstitutional and contrary to the provisions of the A.P Cooperative Societies Act and Rules made thereunder and consequently set aside the orders in Rc.No.Cooperative Societies Elections dated 14.09.2021 disqualifying the petitioners society and the election schedule issued by the 5th respondent dated 21.09.2021 in pursuance of the proceedings No.655/C/2012 dated 22.08.2021 of the 2nd respondent and permit the petitioners society to participate in the elections of the 6th respondent society and to pass such other order or orders..”

Heard learned counsel for the petitioner and learned Government Pleader for Fisheries and Sri A.S.C. Bose, learned counsel, on caveat for the 6th respondent.

The case of the petitioner society, as stated by its President, is that the petitioner society is a small society consisting of 89 members. The main aim of the society is fishing and to see the welfare of the fisherman of the society. The society falls under unaided society. As per Rule 22(1)(a) of the Andhra Pradesh Co-Operative Societies Rules, 1964 [for short, ‘the Rules’] the incumbent managing committee themselves shall conduct and hold elections to societies which are not in receipt of State aid as specified under Section 43 of Andhra Pradesh Co-Operative Societies Act, 1964 [for short, ‘the Act’]. As the petitioner society is not in receipt of the State aid as per Section 43 of the Act, and the elections to the petitioner society is due to be conducted by the end of 11.03.2021 the society passed unanimous resolution authorizing Sri J.C. Rama Krishna, advocate as election officer to conduct elections vide proceedings dated 17.01.2021. Accordingly, election schedule was issued and elections were conducted by the election officer on 28.02.2021 as per Rule 221(a) of the Rules. Thereafter, the same was informed to the 3rd respondent. While so, the 2nd respondent, who is the election authority to conduct elections to the 6th respondent, issued election notification dated 22.08.2021 for conduct of elections to the managing committee of District Fishermen Cooperative Society, Visakhapatnam District and appointed the Assistant Director of Fisheries, Narsipatnam, as election officer. The petitioner society, which is affiliated to the 6th respondent society, has voting power in the election. In the primary voters’ list issued on 28.08.2021 the petitioner society was shown at serial No.18 with membership No.25. Thereafter, the 4th respondent issued the impugned proceedings, dated 14.09.2021 to the election officer of the petitioner society duly marking a copy to the petitioner society stating that the election that was conducted by the society is not a valid election as per Section 43 and Rule 22-1(b) of the Act as the society has received financial aid of Rs.3,24,108/- towards purchase of small boats and fishing nets at 25% subsidy in the year 1992-93. The petitioner society made a representation on 21.09.2021 stating that the election was conducted as per Section 22-1(a) of the Act and that there is no State aid to the society and that elections to some of the societies were not conducted as such voting power is being deprived and requested to postpone the elections till the elections are conducted to the other affiliated societies. Without considering the representation, final voters list was issued on 21.09.2021 removing the petitioner society name from the list of the eligible voters list. Aggrieved by the