IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14901 of 2008 Between: 1 S.Venkataiah, S/o. Laxmaiah, R/o. H.No.12-2-120, Peerla Bouli, Mahaboobnagar, Mahaboobnagar District, A.P., 2 Sadig Baig, S/o. Dawood Baid, R/o. H.No.4-11-5, Ramanagar, Mahaboobnagar, Mahaboobnagar District, A.P., 3 A.Ashanna, S/o. Balaiah, R/o. H.No.4-11-5, Ramanagar, Mahaboobnagar, Mahaboobnagar District, A.P., 4 Jaweed Hussain, S/o. Md.Hussain, R/o. H.No.1-10-1B/2B, SS Gutta, Mahaboobnagar, Mahaboobnagar District, A.P., 5 A.Chandraiah, S/o. Butchaiah, R/o. Kidwaipet, Mahaboobnagar, Mahaboobnagar District, A.P., 6 M.A.Kareem, S/o. Md. Ali, R/o.Ramaiah Bouli, Mahaboobnagar, Mahaboobnagar District, A.P., 7 J.Venkataiah, S/o. Siviah, R/o. H.No.1-5-147/A, Peerla Bouli,Mahaboobnagar, Mahaboobnagar District, A.P., 8 Md. Ali, S/o. Shaik Ali, R/o. H.No.1-1-74/H, Mothinagar,Mahaboobnagar, Mahaboobnagar District, A.P., 9 Mohd. Razak, S/o. M.A.Moulana, R/o. H.No.4-2-66/1, Rmaiah Bouli,Mahaboobnagar, Mahaboobnagar District, A.P., (Died) 10 Government Class-IV Employees Co-operatie House Building Societyl Mahaboobnagar, Rep by its President, Venkataiah, ..... PETITIONER(S) AND 1 Smt. G.Satyamma, W/o. Late G. Ramulu, Government Girls College, Mahaboobnagar, Mahaboobnagar District., Andhra Pradesh. 2 G.Krishnaiah, S/o. Sailu, R/o. H.No.8-6-123/1/C, Padmavathi Colony, Mahaboobnagar, Mahaboobnagar District, A.P., 3 Pogule Ramulu, S/o. chinnaiah, R/o. H.No.3-1-7/C, Veerannapet, Mahaboobnagar, Mahaboobnagar District, A.P., 4 S.Premaiah, S/o. Balakiraiah, R/o. H.No.1-8-97/13/B/1, T.D.Gutta,Mahaboobnagar, Mahaboobnagar District, A.P., 5 The District Collector/District Election Authority, Mahaboobnagar, Mahaboobnagar District, A.P., 6 The Election Officer of Government IVth Class Employees Co-operative House Building Society Ltd., Mahaboobnagar, Assistant Registrar of Cooperative Assistant Registrar of Coopertive Societies, District Cooperatie Offic Mahaboobnagar, Mahaboobnagar District, Andhra Pradesh. .....RESPONDENT(S) 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 to issue an appropriate writ or order or direction under article 226 of the Constitution of India, particularly one in the nature of Writ of Certiorari quashing the Judgement passed in o.p. No.61 of 2005 dt. 13.2.2008 on the ﬁle of A.P. Cooperative Tribunal at Hyderabad as unjust, arbitrary and illrgal after calling for the records and to pass such othet orders that this Hon'ble Court may deem just to pass. Counsel for the Petitioner:MR.NUTHALAPATI KRISHNA MURTHY Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14901 of 2008 ORDER: The elections to the managing committee of the Government IV Class Employees Co-operative House Building Society Limited, Mahaboobnagar were held on 01.09.2005. The petitioners herein were elected as Members of the Managing Committee. Respondents 1 to 4 herein ﬁled O.P.No.61 of 2005 before the A.P. Co- operative Tribunal at Hyderabad, challenging the election of the petitioners, on several grounds. Through its order, dated 13.02.2008, the Tribunal allowed the O.P., setting aside the election and directing that fresh elections shall be conducted, within two months from that date. The petitioners feel aggrieved by the same. Heard Sri N.Krishna Murthy, learned counsel for the petitioners, Sri L.J.Veera Reddy, learned counsel for respondents 3 and 4 and the learned Government Pleader for Co-operation. Before the Tribunal, voluminous oral and documentary evidence was adduced. A ﬁnding was recorded to the eﬀect that certain irregularities have crept into the preparation of the voters list. Though the learned counsel for the petitioners had made an endeavour to convince this Court that the ﬁndings of the Tribunal are not correct, it is felt that the questions of fact recorded by the Tribunal cannot be interfered with. At any rate, this is not a case, where the Tribunal declared another set of persons, having been elected. A workable solution was indicated viz., conducting of fresh elections, by stipulating the period. The petitioners can certainly participate in the election, after the defects in the voters list are rectified. The writ petition is, accordingly, dismissed and respondents 5 and 6 are directed to conduct fresh elections to the society, within a period of two (2) months from the date of receipt of a copy of this order. There shall be no order as to costs. _________ 11.09.2008 Note: Issue C.C. in three (3) days. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{LS} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 14901 of 2008 Date: 11.09.2008 JSU