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2025:APHC:56928

APHC010702572025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3311]

(Special Original Jurisdiction)

Friday, the Twenty Sixth day of December, Two Thousand and Twenty Five

Present

The Honourable Ms. Justice B.S.Bhanumathi

Writ petition No.36065 of 2025

Between:

1. B .Siva Naveen Kumar, S/o.Besta Maddilety, aged about 38 years,

R/o.5-8, Telugu Street, near water tank, E.Thandrepadu post, Kurnool

District.

...Petitioner

and

1. T he State of Andhra Pradesh, represented by its Principal Secretary,

Department of Animal Husbandry, Dairy Development and Fisheries,

Secretariat, Velagapudi, Amaravathi, Guntur District-522238.

2. T he Commissioner of Fisheries, / Ex.officio Registrar of Co-operative

Societies for Fisheries-cum-Election Authority, Poranki, Vijayawada,

Krishna District -521137.

...Respondents.

Counsel for the petitioner

1. M.Vidyavathi

Counsel for the respondents

1. Government Pleader for Fisheries

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W.P.No.36065 of 2025

The Court made the following order:

This writ petition is filed under Article 226 of the Constitution of India to

issue an order, writ or direction more particularly one in the nature of writ of

mandamus declaring the order of the 2^nd respondent vide proceeding No. 5023/

I-IV / 2014 dt.19.12.2025 in order to conduct elections on 26.12.2025 to the

Andhra Pradesh State Fishermen Co-operative Societies Federation Limited (in

short „A.P.C.O.F‟). is bad, arbitrary, contrary to the provisions of A.P.C.S.Act,

1964 and rules made there under and also offends Articles 14, 19(1)(g) and 21

of the Constitution of India apart from democratic principles in the matter of

elections and to pass such other order which this Court deems fit in the interest

of justice.

02. The main contention of the petitioner is that the petitioner is President of

District Fishermen Co-operative Society (D.F.C.S.), Kurnool. The A.P.C.O.F. is

a registered society. It consists of thirteen (13) districts within the state of

Andhra Pradesh as it members. The Co-operative structure in the State of

Andhra Pradesh is a three tier system i.e., primary level, district level and state

level in the department of fisheries. The persons elected as Presidents of the

primary societies are members of the D.F.C.S. of the respective district. The

presidents of D.F.C.S. are the members of the A.P.C.O.F. The apex body i.e.,

A.P.C.O.F. is headed and managed as non-official person incharge by the

respondent No.2. Since the term of the respondent No.2 as non-official person

incharge of A.P.C.O.F. expired on 02.12.2025, the Government took a decision

in its order G.O.Rt.417, dated 11.12.2025 appointing the petitioner as non-

official person in charge managing the affairs of the A.P.C.O.F. for a period of

six (06) months with effect from the date of assuming the charge or till the

elections are conducted and elected Managing Committee assumes charge or

whichever is earlier. Since 11.12.2025, the petitioner has been managing the

affairs of A.P.C.O.F. In fact the Government of India issued a gazette

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W.P.No.36065 of 2025

notification vide S.O.No.5777 / E, dated 15.12.2025 notifying 26 districts in the

state of Andhra Pradesh for all purposes. The D.F.C.S. elections are not

conducted in some of the districts, especially Srikakulam and Vizianagaram.

The District Collector of Srikakulam issued election notification and election

notice vide proceedings No.599 / B / 2024, dated 21.12.2025 with election

schedule to conduct elections of D.F.C.S., Srikakulam on 23.12.2025. Apart

from the above fact, still the persons in-charge hold the position in D.F.C.S. and

some of the Primary Fishermen Co-operative Societies. Under these

circumstances, no proposal to be made for the purpose of conducting election

to A.P.C.O.F. Therefore, the notification of the respondent No.2 vide

proceeding 5023 / I-IV-2014, dated 21.12.2025 is contrary to law. The

respondent No.2 appointed P.Kiran Kumar, Divisional Co-operative Officer,

Vijayawada as election officer to conduct