IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14498 of 2008 Between: P.B.Bhaskar Reddy, S/o. Obulreddy, Nallalingayapalli(V) Kamalapuram(M), Kadapa District. ..... PETITIONER AND 1 The District collector/District Election Authority, Kadapa. 2 The District Coopertive Officer/Addl. Election Authority, Kadapa. 3 The Dy. Registrar of Cooperative Societies, Kadapa. 4 The Election Officer/ Asst. Registrar, O/o. Divisional Cooperative Officer, (PACS Nallalingayapalli) Kadapa. .....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 writ or direction preferably writ of mandamus declaring the order issued by 1st respondent in proc. Rc.No.524/2008- D dt. 20-6-2008 and consequential election notice issued by 4th respondent (Form 1 Rule 22) Dt. 1-7-2008 in respect of elections to the post of president and Vice President of PACS Nallalingayapalli(V), Kamalapuram(M) Kadapa District, as illegal, arbitrary, contrary to record and violative of principles of natural justice, and consequently set aside these proceedings. Counsel for the Petitioner: MR.KOWTURU VINAYA KUMAR Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 14498 of 2008 O R D E R: This writ petition is filed seeking a declaration that the election proposed to be conducted to the Office of President and Vice President of Primary Agricultural Co-operative Society, Nallalingayapalli Village, Kamalapuram Mandal, Kadapa District is arbitrary and illegal. It is not in dispute that a vacancy arose to the post of President of the Society. Therefore, the proposed election pursuant to the proceedings of the first respondent dated 20-06-2008, to the Office of President cannot be found fault with. However, the petitioner states that he was elected to the Office of Vice President only in the year 2005 and since his term is still subsisting, there is no vacancy as such to the said Office and therefore the respondents committed an error in notifying the election to the Office of the Vice President also under the proceedings dated 20-06- 2008. The learned Government Pleader for Co-operation under instructions stated that it is a fact that there is no vacancy to the Office of the Vice President of the Primary Agricultural Co-operative Society and therefore the District Collector, in exercise of the powers under Rule 22 of the Andhra Pradesh Co-operative Societies Rules 1964 issued an errata vide proceedings dated 06-07-2008 rectifying the election notification and making it clear there would be no election to the Office of the Vice President. In the circumstances, no further enquiry is necessary and accordingly recording the statement of the learned Government Pleader, the writ petition is disposed of. No costs. ______________ G. ROHINI,J Date: 08-07-2008 KLP