ORDER:

This 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 Mandamus declaring the action of the respondents 3 and 8 in postponing the election to the Ipur Fishermen Cooperative Society, with Q.No.76 scheduled to be held on 11.04.2023 for indefinite period without assigning reasons by issuing a letter signed by 8th respondent on 08.04.2023 is illegal, arbitrary, Violative of Article 14 and 21 of Constitution of India and opposed to the Rule 22 of A.P. Cooperative Societies Rules, 1964 and consequently direct the respondents 3 and 8 to conduct election to Ipur Fishermen Cooperative Society, with Q.No.76, Ipur Village and Mandal, Palnadu District to which petitioners are members forthwith….”

2. Brief facts of the case are that the petitioners are the members of the Ipur Fisher Co-operative Society, Ipur Village and Mandal, Palnadu District, which is a registered society with Q.No.76. The Society consists of 62 members and their families eak out livelihood by doing fishing in the Raparlavari Cheruvu/Tank situated in Ipuru Village.

3. While so, before expiry of the five years term of Managing Committee of the said Society, Sri.T.Raghu Kishore Reddy was appointed as an Election Officer by the 3rd respondent and prepared election programme as per Rule 22 of Andhra Pradesh Co-operative Rules, 1964. Moreover, on 14.03.2023, the 8th respondent issued preliminary voters list inviting objections from the members and as no objections were received, he issued final voters list on 16.03.2023. Therefore, the election date was scheduled to 11.04.2023. But surprisingly, on 09.04.2023, the 8th respondent issued proceedings informing the members of the society that the elections scheduled to be held on 11.4.2023 are postponed until further directions of the 3rd respondent. In the said proceedings, the reason for postponing the elections is not mentioned. The petitioners came to know that few members of the said Society approached the 6th respondent requesting for postponing the elections with false allegations. As such, the 6th respondent without conducting any enquiry requested the 3rd respondent to postpone the elections scheduled to be conducted on 11.04.2023.

4. The 6th respondent recommended the 3rd respondent for postponement of elections though there is no complaint from any one against any of the members and no crime is registered. Even if such untoward incidents occur, it is the duty of 6th and 7th respondents to give protection for conducting elections in a peaceful manner.

5. It is further case of the petitioners that as per 22-C (2) of A.P. Cooperative Society Rules, 1964 “the postponement shall be done only by issue of an order which shall specify the grounds of postponement. After such postponement the election process shall be recommended when the conditions become conductive for re-commencing of election, by issue of an order by the Authority that has postponed the elections”. But, in the present case, the 3rd and 8th respondents has not given any reason for postponement of elections.

6. Subsequently on 08.05.2023, the petitioners along with other members of the Society made a representation to the 3rd respondent requesting to conduct elections to their Society. But the 3rd respondent did not take any action on the representation made by the petitioners. Even though five months elapsed, the respondents did not conduct elections. Hence, the writ petition.

7. Respondent No.4 has filed a detailed counter, wherein it is stated that the term of the Managing Committee of the petitioner’s Society expired by 11.2.2023. Further, the Fisheries Development Officer, Vinukonda was appointed as Part-time Person In-charge to manage the affairs of the petitioner’s society and on receipt of the proposals and recommendations of the 4th and 5th respondents, the District Collector/District Election Authority has issued electio