IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 11049 of 2009 Between: Chinthala Venkateswalu S/o.Narsaiah Madhira, R/o.Madupalli village, Madhira Mandal Khammam District ..... PETITIONER AND 1 The Government of AP., rep.by its Secretary (Fisheries) Secretariat, Hyderabad 2 The Asst.Director of Fisheries,Khammam 3 The Election Officer, Fishermen Coop.Society, Madhira,O/o.Fisheries Development officer,Wyra Khammam District 4 The Fishermen Coop.Society,Madhira, Rep.by its Person in charge, At Madhira, Khammam District .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue writ or direction preferably writ of mandamus declaring the action of the respondent No.3 in proposing to conduct elections to the fishermen cooperative society , Madhira (V&M) of Khammam District on 10.6.2009 by way of " show of hands" instead of "secret ballet" is illegal, arbitrary, and violative of principles of natural justice and consequently set aside the said mode of conducting elections. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondents: GP FOR COOPERATION The Court made the following ORDER: THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.11049 of 2009 Order: Heard the learned counsel for the petitioner and the learned Government Pleader for Fisheries. The petitioner claims to be a member of Fishermen Cooperative Society, Madhira Village and Mandal, Khammam District. He filed the present writ petition aggrieved by the action of the third respondent-Election Officer, in proposing to conduct elections to the fourth respondent-Society on 10.06.2009 by way of ‘show of hands’ instead of ‘secret ballot’, in spite of a representation being made on 28.02.2009. When the matter came up for consideration yesterday, the learned Government Pleader for Fisheries sought time to get instructions in the matter and accordingly, it was directed to be listed today. Today, when the matter is taken up, the learned Government Pleader submitted that majority of the members of the fourth respondent- Society, numbering 173, in a General Body Meeting held on 21.02.2009, have requested to conduct elections by way of ‘show of hands’, and therefore, there is no need to conduct elections by way of ‘secret ballot’. Since majority of the members of the fourth respondent-Society are said to have requested conduct of elections by way of ‘show of hands’, this Court cannot interfere with the election process at this point of time. The learned counsel for the petitioner expressed an apprehension that the petitioner may be prevented from participating in the elections, thereby jeopardizing the election process. In view of the apprehension expressed by the petitioner, the only direction that can be given is to direct the third respondent-Election Officer to take necessary steps to conduct the elections in a free and fair manner, and if the petitioner makes any representation with regard to conduct of elections and election process, he is at liberty to consider the same depending upon the circumstances and take necessary action in accordance with law. With the above observations, the writ petition is disposed of. No costs. ___________________ N.V. RAMANA, J. Date: 09.06.2009 Note: Communicate the operative portion of the order by wire at party’s costs. (b/o) VGB