IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.18905 of 2008 Between: 1 A. Prasanna W/o. Satyanarayana R/o. Krishna Residency, KPHB Colony, Kukatpally, Hyderabad. 2 L. Vijaya Lakshmi Devi W/o. L. Nagabhushanam R/o.31-10-22A, Machavaram, Vijayawada-4, Krishna District. 3 L. Nagabhushanam S/o. Venkateswara Rao R/o.31-10-22A, Machavaram, Vijayawada-4, Krishna District. 4 L. Pandu Ranga Rao S/o. Sundara Ramaiah R/o. Tikkel Road, Vijayawada-10, Krishna District. 5 L.S. Prasunamba W/o. Pandu Ranga Rao R/o. Tikkel Road, Vijayawada-10, Krishna District. 6 K. Vishnu Vardhan S/o. Madhusudhana Rao R/o.31-10-22A, Machavaram, Vijayawada-4, Krishna District. 7 K. Venkateswara Rao S/o. Kutumba Rao R/o. Yanamalakuduru, Vijayawada Rural, Krishna District. ..... PETITIONERS AND 1 The Election Officer-Cum-The Chairman for the Meeting, Vijayawada Share Brokers Limited, Plot No.297, Road No.10, Noora Nagar, Banjara Hills, Hyderabad-34. 2 Vijayawada Share Brokers Limited, rep. by its Chairman and Managing Diector, 28-8-29, Durga Market Complex, Governorpet, Vijayawada, Krishna District. 3 The Regional Principal Bench, The Company Law Board, Sastry Bhavan, Haddouus Road, Chennai. 4 Kolluri Venkata Suresh Kumar S/o. Radhakrishna Murthy R/o26-14-243, Near Sivalayam, Bhavanipuram, Vijayawada-12, Krishna District. 5 M. Lakshmi Sai Prasad S/o. Nagabhushanam Old SBI Colony, Mangalagiri, Guntur District. 6 Y. Ramana Swamy S/o. Pandu Ranga Rao Bhagya Laxmi Jewelry Mark, Sharaf Bazar, Tenali, Guntur District. 7 B. Madhusudhana Reddy S/o. Seethareddy Pydaiah Street, Labbipet, Vijayawada, Krishna District. 8 Ch. Gandhi Raja S/o. Mallikharjuna Rao Near Head Post Office, Eluru, West Godavari District. 9 K. Srinivas S/o. Anjaneyulu Opp: FCI, Labbipet, Vijayawada, Krishna District. 10 C. Hemalatha W/o. Gopi Vellala Street, Plot No.37, Purushavakka, Chennai. 11 Sourabh Malhothra S/o. Naresh Chandra Malhothra Sri Venkateswara Hill Colony, Road No.3, Banjara Hills, Hyderabad- 43. 12 K.V. Nayak S/o. K.G. Nayak, 26-13-595/55, Padmavati Nagar, Hyderabad-4 13 P. Ramachandra Murthy S/o. P.V.N. Sharma 29-3-5/1, Opp: Abhinava Hotel, Vijayawada-2. 14 Siva Kumar Agarwal S/o. Roop Chand Agarwal Plot No.444, 4th Floor, Indira Towers, Bandar Road, Vijayawada, Krishna District. 15 K.A.V. Subba Rao S/o. Krishna Murthy Patnam Bazar, Guntur, Guntur District. 16 Namburi Sekhar S/o. Nageswara Rao Sai Anna B-24, DD Colony, Bagh Amberpet, Hyderabad-13. 17 S.N. Malleswara Rao S/o. S.G.K. Murthy 4-2-297, Sultan Bazar, Hyderabad. 18 Sarada Singhal W/o. Shiva Kumar Singhal 35-140/8, Fathenagar, Hyderabad-18. 19 G. Eswar S/o. Ramalingam 16-31-1186/A, Raj Bhavan Road, Somajiguda, Hyderabad. 20 K. Madan Mohan S/o. Padmanabha Sastry 106, Kakatiya Apartment, Street No.2, Habsiguda, Hyderabad-07. 21 T. Subba Rao S/o. Visweswara Ramam 6-3-596/63/8/3, Padmavathi Nagar, Erramanzil, Hyderabad. .....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 direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.1 in not recognizing the petitioners as the eligible members of the 2nd respondent and consequently preventing them from exercising their legitimate right to vote in the ensuing elections dated 30.08.2008 to the Governing body of the 2nd respondent as illegal, arbitrary and in violation of the principles of natural justice. Counsel for the Petitioners:MR.KANAKAMEDALA RAVINDRA KUMAR Counsel for the Respondents 1 and 3: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) Counsel for the Respondent No.2: MR.B.SATYA SIVAJI Counsel for the Respondents 4 to 21: MR.V.S.RAJU The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.18905 of 2008 ORDER: Petitioners filed instant writ petition seeking a writ of Mandamus declaring action of Election Officer-cum-Chairman for the meeting of Vijayawada Share Brokers Limited, in not recognizing petitioners as eligible members and consequently preventing them to exercise their votes in elections held on 30.8.2008 as illegal and arbitrary. Learned Counsel for petitioners brought to the notice of this Court that second petitioner has already moved Company Law Board (CLB), Chennai, by filing Company Application No.138 of 2008, which is now pending before CLB. In view of the same, learned Counsel for petitioners seeks leave of this Court to withdraw writ petition with liberty to raise all the contentions before CLB in pending Company Application. Leave is granted. The writ petition is accordingly dismissed as withdrawn. ______________ (V.V.S.RAO,J) December 15, 2008. YS