THE HON'BLE SRI JUSTICE NOUSHAD ALI Writ Petition No.33301 of 2011 ORDER: Heard Sri M. Ravindranath Reddy, learned counsel representing Sri G. Madhusudhan Reddy appearing for the petitioners, as well as the learned Government Pleader for Cooperation appearing for respondent Nos.1 to 4, and Sri P. Gangaiah Naidu, learned Senior Counsel instructed by Sri G. Seena Kumar, learned counsel appearing for respondent Nos.92 to 284. 2. The 1st petitioner is a Cooperative House Building Society, of which petitioners 2 to 5 claim to be its members. They have filed this writ petition aggrieved by the action of the Registrar of Cooperative Societies, A.P., the 2nd respondent herein, in proposing to conduct elections to the Managing Committee of the society by including some ineligible members in the voters list. 3. According to the petitioners 382 persons, who were ineligible, were included in the voters list published on 1.12.2011, thus vitiating the election process. 4. The petitioners state that 347 persons were removed as members. The Society filed a Writ Petition W.P.No.24871 of 2006 and obtained interim orders in W.P.M.P.No.31814 of 2006 dated 29-11- 2006 to continue them as members. Similarly 22 others also obtained orders in W.P.No.26308 of 2006 dated 14.11.2006. It is stated that subsequently the society withdrew the Writ Petition and the same was dismissed on 15-11-2011. Consequently, the 347 members stood removed from the society, thus became ineligible for inclusion in the voters list. The 2nd respondent, however, without noticing the same, wrongly included them in the voters list. It is therefore contended that the proposed election, which is based on the wrong inclusion of voters, is unsustainable. 5. There cannot be any dispute that the election proposed will not be valid if it is conducted by including the removed members in the voters list. However, as noticed above, the said contention is raised on the basis that the writ petition W.P.No.24871 of 2006 in which the removed members were directed to be continued, was dismissed. 6. However during the course of hearing, it is brought to the notice of this Court that even though, the writ petition was withdrawn on 15.11.2011, the same was restored to file by orders dated 12.12.2011. By virtue of the restoration of writ petition, which has the effect of restoring the membership of the removed members, it cannot be said that their inclusion in the voters list is illegal. In so far as the 22 other members, indisputably, they are being continued by virtue of the interim orders of this Court in the other writ petition. It is stated that similar matters relating to the issue are pending in W.P.Nos.27075 and 15827 of 2006. 7. The aforesaid facts would show that the voters list has been prepared by including those persons whose membership is continued by virtue of the orders of this Court and the premise on which this Writ Petition is filed is incorrect. 8. In view of the above, the writ petition is devoid of merits and is liable to be dismissed and accordingly dismissed at the admission stage. There shall be no order as to costs. 9. In view of disposal of the writ petition, W.P.M.P.No.41392 of 2011 is dismissed as unnecessary. _________________ NOUSHAD ALI, J 19th December, 2011. Msr