IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No. 21163 of 2000 Between: 1 K. Narsing Rao, S/o. K. Sattaiah, 3-28, Old Alwal, Secunderabad. (TAB No. 143, Marredpally, Secunderabad with membership Nos. 32, 129, 167, 151, 109 & 122 respectively) 2 K.Babu Rao, S/o. K.Mallaiah, 12-1-119, Shantinagar, North Lallaguda, Secunderabad., (TAB No. 143, Marredpally, Secunderabad with membership Nos. 32, 129, 167, 151, 109 & 122 respectively) 3 R.Surender, S/o. R. Mallaiah, Rly. Quarter No. T A II North Lallaguda, Secunderabad-17., (TAB No. 143, Marredpally, Secunderabad with membership Nos. 32, 129, 167, 151, 109 & 122 respectively) 4 Gouri Shankar, S/o. Jagdish Singh, 12-1-819, North Lallaguda, Secunderabad-17., (TAB No. 143, Marredpally, Secunderabad with membership Nos. 32, 129, 167, 151, 109 & 122 respectively) 5 B.N.Pandu, S/o. Bangari, H.No.12-1-89, Northe Lallaguda, Secunderabad-17., (TAB No. 143, Marredpally, Secunderabad with membership Nos. 32, 129, 167, 151, 109 & 122 respectively) 6 A.Yadagiri, S/o. Kistaiah, 12-1-1159, Northe Lallaguda, Secunderabad-17., (TAB No. 143, Marredpally, Secunderabad with membership Nos. 32, 129, 167, 151, 109 & 122 respectively) ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture & Cooperation Department, Secretariat, Hyderabad. 2 Registrar of Cooperative Societies, Andhra Pradesh, Gruhakalpa Buildings, Nampally, Hyderabad. 3 District Collector (Coop)/Election Authority, Hyderabad (Urban) District, Hyderabad. 4 Deputy Registrar of Coop. Societies, (Housing) Hyderabad, Block - M 7, APHB, 3rd Floor, M.J.Road, Hyderabad. 5 Sri Sadath Ali Khan, CSR/Election Officer, Seshachala Coop Housing Society Ltd., TAB No. 143, Marredpally, Secunderabad, O/o. The Deputy Registrar of Coop. Societies (Housing) Hyderabad, Block - M 7, APHB, 3rd Floor, M.J.Road, Hyderabad. 6 Seshachala Cooperative Housing Society Ltd., REp. by its President, TAB No. 143, Marredpally, Secunderabad. 7 Sri D.R.Shiva Ram, S/o. D.Ramanna, Ramachandrapuram, Hyderabad. (7th Respondent is the directly elected President) 8 Sri Mohan Raj J, S/o. J. Sharfunji, 537, Bolaram Bazar, Secunderabad. (8th to 14th Respondets are the elected Managing Committee Members of the 6th Respondent society) 9 Madhu, C/o. Sri D.R.Shiva Ram, S/o. D.Ramanna, Ramachandrapuram, Hyderabad. (8th to 14th Respondets are the elected Managing Committee Members of the 6th Respondent society) 10 P.Kishore, S/o. P.Yadagiri, 3-5-355, Vittalwadi, Narayanguda, Hyderabad. (8th to 14th Respondets are the elected Managing Committee Members of the 6th Respondent society) 11 K.Babu Rao, S/o. K. Swamy, 12-7-147/7, Mettuguda, Secunderabad. (8th to 14th Respondets are the elected Managing Committee Members of the 6th Respondent society) 12 D.Satyender, S/o. D.Vittal Rao, C/o. Sri D.R.Shiva Ram, S/o. Ramanna, Ramachandrapuram, Hyderabad. (8th to 14th Respondets are the elected Managing Committee Members of the 6th Respondent society) 13 Sri Mallaiah, C/o. Sri D.R.Shiva Ram, S/o. Ramanna, Ramachandrapuram, Hyderabad. (8th to 14th Respondets are the elected Managing Committee Members of the 6th Respondent society) 14 Sri P.Narsing Rao, S/o. P.Pochaiah, 3-5-238, Vittalwadi, Narayanguda, Hyderabad. (8th to 14th Respondets are the elected Managing Committee Members of the 6th Respondent society) .....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 a Writ order or directions more particularly in the nature of Writ of Mandamus :- i) declaring the Rule 22(1)(b) and 22(4)(a)(v) of the A P Cooperative Societies rules 1964 as ultravires to Sections 30, 31, 32 and 34 of the A P Coopertive Societies Act 7 of 1964 and hence liable to be struck down. ii) declaring the Notice of Election dt. 11-9-2000 issued u//r 22-4(a) of the A P Cooperative Societies Rules 1964 by the 5th Respondent herein i.e. CSR/Election Officer, Seshachala Cooperative Housing Society Ltd., Reg No. TB 143, Marredpally Secunderabad, Hyderabad District for conduct of elections to the President and Managing Committee members of the said society on 27-9-2000, as illegal, arbitrary, violative of Sec 30, 31, 32 and 34 of the A P Cooperative Societies Act 7 of 1964, since no General Body meeting of the said society is convened for the purpose of elections held on 27-9-2000 and consequently set aside all further proceedings pursuant to the said election notice dt. 11-9-2000 including the elections conducted to the President and Managing Committee members of the said Society 27-9-2000 as null and void. & iii) and directing the 1st to 5th Respondents herein to conduct elections to the Seshachala Cooperative Housing Society Ltd., Reg No. TB 143, Marredpally Secunderabad, Hyderabad District in accordance with Section 30, 31, 32 & 34 of the said Act, duly convening the General Body meeting of the said society, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.T.A.KUMAR Counsel for the Respondent No.: GP FOR AGRICULTURE THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.21163 of 2000 ORDER:(per Hon’ble Sri Justice V.Eswaraiah) Learned counsel for the petitioners submits that the writ petition has become infructuous. The writ petition is accordingly dismissed as infructuous. V.ESWARAIAH,J P.SWAROOP REDDY,J Dt:09.07.2009 usd