APHC010138942024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3333]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTY SECOND DAY OF MARCH TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 7279/2024 Between:
Kasi Prabhakar ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. EATHAKOTA VENKATA RAO Counsel for the Respondent(S):
1. GP FOR COOPERATION The Court made the following:
ORDER
This Writ Petition has been 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 Certiorari calling for records pertaining to the revised election notification issued under Rule 22 of A.P.C.S. rules 1964 vide Rc.No 1 of 2003 dated 06.03.2024 without following procedure under the A.P.Cooperative Societies Rules 1964 and containing the names of demised and ineligible members and not conducting enquiry and quash the same as is being illegal, arbitrary and capricious and against to the principles of natural and also violative of Articles 14, 19(1) (g) and 21 of justice Constitution of India and in violation of rules contemplated under the A.P.Cooperative Societies Act 1964 and consequently direct the respondents to finalize the voters list by adding eligible voters and deleting the ineligible members and died persons of the society and conduct elections in accordance with the procedure contemplated under A.P Cooperative Societies Act 1964 with eligible voters and to pass…”
2. The petitioner herein is a member of Gowtami Co-operative Collective Farming Society Ltd., which is a self-survival and unaided society and was established on 23.02.1966 vide registration no.X238 under A.P. Cooperative Societies Act, 1964. The society is having a land to an extent of Acs. 112 situated at Kandi Kuppa Village, Katenikona mandal, which was leased out under an agreement of lease and the lease amounts which are derived out of the said lease agreement would be distributed among the members of the society. In the year 2018, elections for the managing committee of the said society were conducted and the tenure is for 5 years, which ends by 16.06.2023. However, due to non-existence of the executive committee, the 6th respondent-Official Person-in-charge officer was appointed by the 5th respondent to pursue the activities of the society. Subsequently, the 6th respondent has appointed an election officer on 26.09.2023 to conduct elections to the members of the managing committee of the aforesaid society; as such, notice dated 11.10.2023 was issued declaring the polling date to be
29.10.2023.
3. However, due to a representation dated 18.10.2023 submitted by some persons to the Minister of Agriculture Co-operation, Marketing and Food Processing, requesting to stop the election process, the same has been stayed on 18.10.2023. Thereafter, few other persons have submitted representations to the 5th respondent for exclusion of members of the society, subsequent to which, the 6th respondent has addressed a letter to the Village Revenue Officer, Kandi Kuppa Village informing to furnish report of the candidates who are not the residents of the local area. The grievance of the petitioner is that basing upon the representation of few ineligible members, the 6th respondent has interfered and has deleted the names of eligible members of the society instead of deleting the ineligible candidates and has also enrolled some more members into the voters list who are ineligible. Aggrieved by the same, the petitioner along with other members has submitted a representation to the 3rd respondent through Spandana Program on 20.11.2023 expressing their grievance, but, no enquiry was initiated in pursuance of the same.
4. While so, on 19.02.2024, the stay order dated 18.10.2023 was vacated by the Minister for Agriculture Cooperation and Marketing directing the 4th respondent to conduct the elections. Accordingly, the 6th respondent has issued a revised election notification dated 06.03.2024 by appointing the 7th respondent as election officer, who has issued election schedule on 07.03.2024 declaring the polling date to be 23.03.2024 and that the nominations of election schedule starts on 15.03.2024 and withdrawal of nominations on 16.03.2024. In view of the scheduled notification, the petitioner herein has filed nomination to contest in the election on 15.03.2024,
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