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2025 Supreme(Online)(AP) 1634

APHC010059462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3129/2025 Between:

Dr. N. Venkata Narayana ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S)

Counsel for the Petitioner:

1. ATCHUTANANDA DONDETI Counsel for the Respondent(S):

1. GP FOR GENERAL ADMINISTRATION

2. GP FOR COOPERATION The Court made the following order:

THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO.3129 of 2024

ORDER:

The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the election of respondent Nos.7 to 15 null and void as elected body to the association is arbitrary, illegal, contrary to state body provisions of Government College Gazetted Teachers Association; (b) to set aside the election of Respondent Nos.7 to 15 as elected body unanimously to the Association for respondent; (c) to direct the respondent to conduct election afresh to the unit district/state body by rectifying the defects and also follow the rules; (d) to award costs and (e) to pass any such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

2. The present writ petition is filed questioning the election of respondents 7 to 15 as elected body unanimously to the association.

3. The contention of the petitioner herein is that the co-operative society concerned “the state” within the meaning of the expression “other authorities” under Article 12 of the Constitution of India. Irrespective of whether the cooperative societies is fall under the expression other authority under Article 12 of the Constitution of India, the remedy of the petitioner is under Section 61(3) of the A.P.Co-

operative Societies Act, 1964.

4. Under Section 61(3) of the A.P.Co-operative Societies Act, 1964, every dispute relating to, or in connection with, any election to a committee of a society shall be referred for decision to the Tribunal having jurisdiction over the place where the main office of the society is situated, whose decision thereon shall be final.

5. As the petitioner is having alternative remedy before the Co- operative Tribunal under Section 61(3) of the A.P.Co-operative Societies Act, 1964, this Court cannot exercise its jurisdiction under the Constitution of India unless it is shown the violation of principles of natural justice.

6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

However, the petitioner is at liberty to file appropriate petition before the appropriate authority by invoking the provisions under Section 61(3) of the A.P.Co-operative Societies Act, 1964, for the relief claimed in the writ petition.

As a sequel, miscellaneous petitions pending, if any, shall stand closed.

___________________________________

JUSTICE TARLADA RAJASEKHAR RAO Date : 20.02.2025 Note: C.C in two days.

(B/o.)

SPP THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO. 3129 of 2025 Date : 20.02.2025 Note: C.C in two days.

(B/o.)

SPP

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