ORDER

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

“..to issue an appropriate writ order or direction, more particularly a writ in the nature of Writ of Mandamus challenging the action of the 5th respondent in adopting the voters list prepared by the 6th respondent deleting the names of the petitioners from the voter list, consequently challenging the impugned election proceedings in R.C.No.625/2021-NX dated 15.08.2021 issued by the 2nd respondent for conducting the elections to the Managing Committee of Kurnool District, Government Class IV Employees Cooperative Housing Building Society Ltd with Regd.No.1155 for the year 2021, Kurnool notifying scheduled of Election programme by secret ballot on 25.09.2021 is arbitrary, without authority, power, jurisdiction, illegal and in violation of Section 21(A)(A) of the A.P.Cooperative Societies Act, 1964 and Rule 22(1)(1)(1) of A.P.Cooperative Society Rules, 1964 Article 14, 19(1)(c), 19(4)of the Constitution of India and principles of natural justice and consequently to direct the respondents 2 to 6 to include the names of the petitioners in the voter list for the year 2021 and to prepare the voter list afresh and to conduct the election by issue of fresh election notification to the Managing Committee of the Kurnool District, Government Class IV Employees Cooperative Housing Building Society Ltd with Regd.No.1155 for the year 2021 in the interest of justice and pass such other order or orders..”

Heard learned counsel for the petitioners and learned Government Pleader for Cooperation. Since this Court is inclined to hear and pass appropriate order in the writ petition at the stage of admission, no notice is ordered to the respondents 5 and 6.

The case of the petitioners is that the Class IV Government Employees constituted Society in the name and style of Kurnool District Government Class IV Employees Cooperative Housing Building Society Ltd. with the aims and objects to purchase land, layout approval of land, allotment to the members of the Society and to help in getting loans from the concerned financial institution for the construction of house to the respective members of the society. The society has its own Bye Laws. The General Body comprising of voters, who shall be IV Class Government employees eligible to be members. The General Body governed by the Managing Committee of five Directors elected by the General Body every five years by secret ballot. While so, the names of the petitioners were removed intentionally from the voter list prepared by the President of the Management Committee to deprive them to contest as Director or to vote in the coming election, without following the due procedure.

The 2nd respondent issued impugned election notification dated

15.08.2021, which was fixed on 25.09.2021. Pursuant to the said notification, the petitioners submitted a written requisition on 02.09.2021. Without affording any opportunity of hearing, the 6th respondent deleted their names. Entire preparation and finalization of voters list is in violation of Section 21 of the A.P.Cooperative Societies Act and Rule 22 of the Rules, 1964. If the elections are conducted as per the impugned notification, the petitioners will be deprived of their valuable right to vote and to contest as Director of Managing Committee of the Society. Hence, the petitioners prayed to declare the voters list as illegal and arbitrary and consequently to declare the election notification dated 15.08.2021 as null and void.

Learned counsel for the petitioners submits that the names of the petitioners are not included in the voters list and non-inclusion of the name of the petitioners in the voters list is illegal. Therefore, the petitioners are entitled to a direction to the respondents to include their names in the voters list to enable them to contest in the elections scheduled to be held on

25.09.2021.

The learned Government Pleader for Co-operation submitt