IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 13965 of 2008 Between: 1 B. Sreenivasulu S/o. B. Buchappa O/o. Senior Section Engineer (P. Way), 10 Raichur, Karnataka. 2 P. Ramakrishna S/o. Sham Rao South Central Railways, Karnataka. 3 B. Balalji Singh, S/o. Late B. Lakshman Singh, O/o. Chief Ticket Inspector / Sleeper Office, SCR, Guntakal. ..... PETITIONER(S) AND 1 Government of India, rep. by its Joint Secretary, Central Registrar of Co- op Societies,Ministry of Agriculture & Cooperation, Kushi Bhavan, New Delhi. 2 Central Registrar of Cooperative Societies, Krishi Bhavan, New Delhi. 3 The South Central Railways Employees Cooperative Credit Society Ltd., rep. by its President, Sahakar Bhavan, Himmatnagar, Secunderabad. 4 The South Central Railways Employees Cooperative Credit Society Ltd., rep. by its Secretary, Sahakar Bhavan, Himmatnagar, Secunderabad. 5 The General Manager, South Central Railway, Rail Nilayam, Secunderabad. 6 R. Visweshwara Reddy (Ex.M.D.), Chief Metallurgy Superintendent, O/o. of Sr. Mechanical lEngineer / Diesel, South Central Railway, Guntakal Division, Guntakal. 7 L. Hanumantha Rao, Accounts Assistant, O/o. FA & CAO (WST), S.C. Railway, Lekha Bhavan, Secunderabad. 8 V.Ramajogi Sharma, Jr. Engineer/I,O/o Sr.DEN(Co-ord), Sanchalan Bhavan, S.C.Railway, Secunderabad. 9 V.Venkataswamy, Carpenter(Retd), O/o. Section Engineer(Works0, Rail Nilayam, S.CRail way, Secunderabad. 10 M.Narsing Rao, Fitter, HSK II/15065, O/o. Chief Works Manager, Lallaguda Workshops, S.C.Railway, Secunderabad. 11 Sri K.R.Rukhmangadhan, Skilled carpenter/2203 O/o. Cheif Wroks Manager, Lallaguda Workshops, S.C.Railway, Secunderabad. 12 Sri.P.Sudhakar, Machine Man, Railway Printing Press, O/o. Manager Priniting and Stationeries, Adj. to Rail Nilayam, S.C.Railway, Secunderabad. 13 Sri.A.Balaiah, Highly Skilled I, O/o. Dy.Chief Signal Telecomuunication Engineer, Mettaguda Workshops, S.C.Railway, Secunderabad. 14 T. Narahari Ram Kumar, Chief Metallurgy Superintendent, O/o. Sr. Mechnical Engineer / Diesel, South Central Railway, Moula Ali, Secunderabad. 15 K. Dattatreya HTTE, O/o. Chief Ticket Inspector, Kacheguda Railway Station, Hyderabad Division, S.C. Railway, Kacheguda. 16 P.S. Perumal, Enquiry cum Reservation Clerk, O/o. Chief Reservation Supervisor, Nampally Railway Station, S.C. Railway, Hyderabad. 17 Sri N. Babu Rao Gangman, O/o. Senior Section Engineer (P.Way), South Central Railway, Aleru. 18 Sri S. Ramulu Technician-I, O/o. Senior Section Engineer, Carriage and Wagon, S.C. Railway, Kazipet. 19 Sri K.S.C. Bose, Sr. Pharmacist, O/o. Senior Medical Superintendent, Railway Hospital, S.C. Railway, Dornakal. 20 Sri Tamilarsan, Dy. Station Superintendent, Vikarabad Railway Station, S.C. Railway, Secunderabad Division, Vikarabad. 21 Sr. Shaik Yasheen Ahemad, Asst. Station Master, Nanded Railway Station, S.C. Railway, Nanded Division, Nanded, Maharashtra State. 22 Sri B. Manoj Kumar, Senior Clerk, O/o. Senior Section Engineer (Works), S.C. Railway, Nanded Division, Puna, Maharashtra State. 23 Sri Md. Javed Ali, Head Clerk, O/o. Section Engineer (P.Way), S.C. Railway, Jalna, Maharashtra State. 24 Sri C.N. Prasad Rao, Fitter Gr.II, O/o. Senior Section Engineer, Carriage and Wagon, S.C. Railway, Kacheguda. 25 Sri Jogi NMaheshwar Rao Senior Inspector of Stock Verification, Rayanapadu Workshop, Rayanapadu, Gutnapalli, S.C. Railways, Vijayawada. 26 Sri N. Babu, Junior Engineer, Diesel Shed, Kazipet, S.C. Railway, Kazipet. .....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 direct the Official Respondent Nos. 1 to 5 not to allow the party respondents Nos. 6 to 26 to contest; and / or participate in the elections in pursuance of Notification No.CCS/14/11744/Elections/1/2008, dt. 07.05.2008 in view of proven misconduct committed by the Party Respondent Nos.6 to 26 while holding a post in the earlier elected body of the Registered Society by holding the action of the Official Respondent Nos. 1 to 5 in doing so by incorporating such clauses in the notification enabling Party Respondents to contest in the election as bad, illegal and contrary to the interest of the very society and contrary to the provision of the Multi State Co-operative Societies Act 1984 and the Byelaws of the Society especially in the nature of a Writ, Order or Direction(s) more particularly, one in the nature of Writ of Mandamus. Counsel for the Petitioner: MR.J.SUDHEER Counsel for the Respondents 1 to 5: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 13965 of 2008 O R D E R: Learned counsel for the petitioners fairly submitted that the petitioners have an effective and alternative remedy by way of appeal under the Multi-State Cooperative Societies Act. Having regard to the said fact that an effective and alternative remedy by way of appeal under the Multi-State Cooperative Societies Act is available to the petitioners, this writ petition is dismissed as not maintainable. However, this will not preclude the petitioners from availing the remedies available to them under the law. It is further made clear that if any appeal is filed by the petitioners before the competent authority, the competent authority shall entertain the same without raising any objection as to limitation. C.V. RAMULU, J. Date: 28-4-2009. MVB.