THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.12945 of 2005 Dated: 8th JUNE, 2006 Between: Eede Hanumantha Rao S/o Chalapathi Rao … Petitioner And: The District Collector/District Election Authority Krishna, Machilipatnam & 2 others … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.12945 of 2005 ORDER: This writ petition is directed against the notice-dated 18.05.2005 issued by the Election Officer, stopping the election to Nidumolu Fisherman Co-operative Society, Movva Mandal, Krishna District. It seems the society was registered on 18.05.1983 with Registration No.E.75. The area of operation of the Society is Nidumolu village limits. The extent of the water sources available for fishing operations is Ac.49.73 cents as per the certificate issued by the Secretary, Gram Panchayat, Nidumolu but not Ac. 18.22 cents. As per the viability norms the available water sources are sufficient for admission of 19 members only. The total membership of the Society is 19, out of them 7 members died and 5 members are residing in other villages, and another 5 members have submitted resignation for their membership vide letter dated 15.09.2004. Therefore, the Assistant Director of Fisheries, Machilipatnam has removed the above said disqualified members from the Society and admitted 17 eligible members vide Proc. No.228/C/2005 dated 22.02.2005. However, aggrieved by the said induction of the members, the petitioner has earlier filed W.P.No.8713 of 2005. The said writ petition was allowed and in the result, all 17 new members could not be inducted as members. Thus from the above facts, it is clear that out of 19 members, 7 members died, five members are residing in other villages and another five have submitted resignation for their membership. Thus there are only two eligible members on the rolls. In view of the above facts and circumstances, I am of the opinion conducting of election may not be possible. However, the respondents are directed to conduct elections as and when sufficient members are enrolled in the Society. If, already sufficient members are enrolled, the election to the Society shall be conducted within a period of two months from the date of receipt of this order. Otherwise, as and when sufficient members have enrolled, the election shall be held within two months thereof. With the above direction, the writ petition is disposed of. No order as to costs. _________________ C.V. RAMULU, J Dt. 8th June 2006 Note: CC in one week. (BO) BSS