IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 12213 of 2009 Between: Itta Venkateswarlu S/o.Peda Nagaiah R/o.Kanagala, Chrukupalli Mandal Guntur District ..... PETITIONER AND 1 The Commissioner of Fisheries , Matsya Bhavan Sanathnagar, Vijayawada Colony,Hyderabad 2 The Deputy Director of Fisheries, Guntur, Guntur District 3 The Fisheries Development officer,Nizampatnam Guntur District 4 Razole Tribal Fishermen Co-operative Society, O/o. Fisheries Development Officer, PIC, FCS, Rajolu, Nizampatnam, rep.by its President .....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 an order direction or writ more particularly one in the nature of writ of mandamus to declare the action of the respondents in not allowing the newly joined members in the elections for being against the provisions of the AP Co-operative Society, Act 1964 and the rules framed thereunder and consequently direct the respondents to issue a fresh election schedule. Counsel for the Petitioner: BODDULURI ASSOCIATES Counsel for the Respondent No.: GP FOR FISHERIES The Court made the following : ORDER: This writ petition is filed by the petitioner stating that he is a member of the Razole Tribal Fishermen Cooperative Society and is participating in the activities of the society since 1987. A general body meeting of the society was conducted on 17.8.2007 to accept the applications of the aspirants to join as members of the society and accordingly their applications were considered and accepted to admit them as members of the said society. The same was also approved by the Fisheries Development Officer on 5.10.2007. Thereafter, a list of share capital of members was also prepared as on 31.3.2008 and the same was endorsed by the Cooperative Audit Officer on 21.7.2008. While the matters stood thus, the 3rd respondent herein issued a notification dated 13.6.2009 to conduct elections to the society on 24.6.2009. The grievance of the petitioner is that even though the society consists of 35 members, the notification reflects that there are only 25 members in the society and, therefore, he made a representation to the 3rd respondent on 13.6.2009 itself bringing the same to his notice and requested to pass necessary orders, in vain. Hence this writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Fisheries. Admittedly, as per the election schedule, the elections are going to be conducted to the society on 24.6.2009. The only grievance of the petitioner is that even though the society consists of 35 members, the names of only 25 members were shown in the final list of members and thus he seeks a direction to the authorities to permit the other members, numbering 10 also to participate in the elections to be held on 24.6.2009. The dispute with regard to the number of members eligible to vote or as to how many members are there, in fact, in a society etc., cannot be decided by this Court under Article 226 of the Constitution of India as the same is a mixed question of fact and law and requires appreciation of several factual aspects. That apart, if the petitioner has any grievance with reference to the notification or the final list of members, he has to approach the Election Tribunal by way of filing an election petition and not a writ petition since as per Section 61(3) of the A.P. Cooperative Societies Act, 1964, every dispute relating to, or in connection with, any election to a committee of the society shall be referred for decision to the Tribunal having jurisdiction over the place where the main office of the society is situated. (see D.P.Swamanna and another v. Government of A.P. – 2005(5) ALD (NOC 200) In view of the above settled position, the relief sought for by the petitioner cannot be granted in this writ petition. It is accordingly dismissed. N.V.RAMANA,J DT.23.6.2009 msv