IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.19133 OF 2011 DATED:06-09-2011 Between: Garapati Raju and others … Petitioners And The District Collector Krishna District and others … Respondents Counsel for the petitioners : Ms. M. Vidyavathi Counsel for the respondent Nos.1 to 3 : Asst. Govt. Pleader for Fisheries Counsel for the respondent No.4 : - THE HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY WRIT PETITION NO.19133 OF 2011 ORDER: The grievance of the petitioners, who are members of the Fishermen Cooperative Society, Godavarru Village – fourth respondent, is that even though the term of the managing committee of the society ended by 30-5-2011, no steps are being taken for holding elections. In the counter affidavit filed by respondent No.3 – Assistant Director of Fisheries, Vijayawada, Krishna District, it is inter alia stated that a three-men committee was appointed as in-charge of the society by respondent No.2 on 1.3.2011 consequent to resignation of some of the managing committee members. As there are serious disputes among two groups of the members of the society, holding of elections may lead to law and order problem in the village. In my opinion, the apprehension of law and order problem cannot be made a ground for continuing the person in-charge committee as that will run counter to the cooperative spirit as envisaged under the Andhra Pradesh Cooperative Societies Act, 1964. If the respondents apprehend any breach of peace and law and order, they shall always take the police aid to ensure that the elections are held peacefully. In a democracy governed by Rule of Law, might cannot be allowed to be right. The respondents cannot yield to the threats of the anti social elements and express their inability in implementing the provisions of law in their letter and spirit. For the above reasons, the writ petition is allowed with the direction to the respondent Nos.1 to 3 to hold elections to the managing committee of the respondent No.4 – society and complete the entire process in accordance with law within a period of three months from the date of receipt of this order. No costs. As a sequel to disposal of the writ petition, W.P.M.P. No.23101 of 2011, filed by the petitioners for interim relief, is disposed of. ________________________ (C.V. NAGARJUNA REDDY, J) 06-09-2011 bnr