THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.24879 OF 2022

O R D E R

In this Writ Petition, the petitioners are seeking a Writ of Mandamus (i) to order an enquiry into the corrupt practices of respondents 2 to 7 and punish them according to law; and (ii) to declare the elections conducted for appointment as members of the Fishermen Cooperative Society, Suryapet Town on 27.07.2021 as illegal and unconstitutional and to cancel the same; and (iii) to pass such other order or orders.

2. Brief facts leading to the filing the present Writ Petition are that the petitioners are three (3) in number and belong to Mudiraj community and are residents of Suryapet Town and District. They claimed to have made representations for granting membership in the Fishermen Cooperative Society, Suryapet, but they were denied the membership. Therefore, they along with 189 other persons approached this Court by filing W.P.No.9693 of 2019, W.P.No.22008 of 2019 and W.P.No.9175 of 2019 and the same were disposed of directing the Suryapet Fisheries Association to follow the due process and give membership to the petitioners. However, the petitioners herein were not given membership and therefore, demonstrations were made against the inaction of the District Fisheries Officer (DFO) and thereafter, after deliberations, the DFO had notified that a skill test would be conducted on 03.10.2019. However, it was postponed and it was observed that it would be directed to be held on 13-15^th October, 2019. The 1^st petitioner claimed to have attended the skill test on the said date, but alleged that the procedure prescribed under G.O.Ms.No.74, Animal Husbandry, Dairy Development & Fisheries (F.II) Department, dt.21.10.2011 was not followed. When the petitioners raised objections, the DFO refused to conduct skill test and again postponed the date of examination, against which the petitioners claimed to have approached this Court for contempt of Court by the DFO, Suryapet in C.C.No.961 of 2020 and the same was pending consideration. Thereafter, according to the petitioners, the respondents have given membership to 54 members who did not possess the requisite skills and they were not even asked to undergo skill test for giving membership. Therefore, the petitioners lodged a complaint with the State Fisheries Enquiry Officer and when no enquiry was made, the petitioners approached this Court in W.P.No.7689 of 2021 and pursuant to the directions of this Court, an enquiry was conducted and it was observed that there was misconduct and malpractice in granting membership to 54 members. Thereafter, the District Fisheries Officer, Suryapet had issued notification that elections would be conducted on 21.03.2021 and the same was challenged by the petitioners before this Court in W.P.No.27828 of 2019 against the appointment of 17 members who are not eligible for such appointment and the same is still pending consideration. It is stated that the Commissioner of Fisheries assured that strict action would be taken against the bogus voters in the list issued by the District Fisheries Officer and a memo dt.12.05.2021 was also issued directing the District Fisheries Officer to re-conduct the skill test for 49 members along with others. It is stated that due to Covid pandemic, the State was forced to go into lockdown and taking advantage of the position, the DFO had notified that skill test would be conducted to the alleged 49 members of the society on 28.05.2021 at Nallacheruvu, Suryapet disregarding the lockdown guidelines and they have allegedly conducted the test for 47 members only, but have recorded that 49 members have attended the test. The petitioners claimed to have obtained the video footage under the Right to Information Act and according to him, two persons, i.e., Mora Janaki Ramulu, S/o Saidulu and Pittala Srinivas, S/o Narasaiah did not attend the test, but they were also shown as having attended the test. Alleging misconduct and misplacement of records by