THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.9708 OF 2010 ORDER: This writ petition is filed seeking to issue writ of Mandamus declaring the action of the respondents in not conducting elections to the 6th respondent Society as illegal and arbitrary and consequently, direct the respondents to conduct elections to the 6th respondent Society forthwith. 2. The case of the petitioner, in brief, is that he is the member and past President of the 6th respondent Society. The elections to the said society were conducted seven years ago and in the said elections, one Bandapedda Desai was elected as President of the society in the year 2003. The term of the said Committee expired two years back and the said President died one year back. As the term of the Managing Committee expired two years back itself, the respondents are required to conduct elections for the Managing Committee of the society as per the rules in force. Though number of representations were made to the respondents to conduct elections to the Managing Committee of the 6th respondent, no action has been taken. Due to non-conducting of the elections, some of the members, with the help of some musclemen, are illegally catching the fish from all the five ponds belonging to the society for all these days and during the last five years, there were large scale irregularities. Hence, the writ petition. 3. A detailed counter affidavit has been filed by the 5th respondent wherein it is stated that the petitioner or any other member of the society never filed any representation for conducting elections to the 6th respondent Society. As per the provisions laid down under Rule 22(1)(a) of Andhra Pradesh Cooperative Societies Act, 1964 (for short, ‘the Act’) elections to the Managing Committee of the said society have been taken up by the incumbent committee on 27.05.2003 and elected the new Managing Committee to be in office for the period from 27.05.2003 to 26.05.2008. Since the said society is not in receipt of State aid, the incumbent Managing committee itself has taken up the elections of the said society. The term of the said Managing Committee expired by 26.05.2008. As per the provisions contained under Section 31(2)(c) of the Act, it is the responsibility of the incumbent society to hold elections to the Managing Committee of the said society before expiry of the term of the existing Managing Committee. If they so desire, they may request the Registrar of Cooperative Societies to conduct elections, who in turn shall conduct the elections on receipt of fees in advance from the society. As per the provisions laid down under Section 31-A of the Act, the power of admission of members and expulsion of members is vested with the Committee of the said society as per the resolutions passed by the General Body of such society under Section 23 of the Act. 4. The term of the previous Managing Committee ended by 26.05.2008 and the incumbent Committee has conducted the elections to the Managing Committee of the said society on 27.05.2008 and the newly elected Managing Committee will be in office for the period from 27.05.2008 to 26.05.2013. In view of the fact that elections have already been conducted and the new Managing Committee would continue in the office upto 26.05.2013, nothing survives in this writ petition and the writ petition is liable to be dismissed. 5. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. ___________________ JUSTICE K.C.BHANU 24th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.9708 OF 2010 Date: 24.10.2011 AMD