*THE HONOURABLE SRI JUSTICE L.NARASIMHA REDDY +Writ Petition No.20166 OF 2008 %17.10.2008 # The State Government Gazetted Officers Cooperative House Building Society ..Petitioner Vs. $ The Deputy Registrar of Cooperative Societies Visakhapatnam, Visakhapatnam District and others. .. Respondents. !Counsel for the Petitioner : Smt. Bobba Vijaya Lakshmi ^Counsel for the Respondents: G.P. for Co-operation <Gist : >Head Note: ?Cases Referred: IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20166 of 2008 Between: The STate Government Gazetted Officers Cooperative House Building Society, 54-11-54, Plot No.10, Isukathota, maddilapalem Visakhapatnam, Visakhapatnam District, rep.by its Secretary,N.Venu GopalRao ..... PETITIONER AND 1 The Deputy Registrar of Cooperative Societies Visakhapatnam, Visakhapatnam District 2 N.Venkata Achutarama narasimha Raju S/o.Late Venkat Raju D.No.45-52/2, Abidnagar, Akkayapalem Visakhapatnam, Visakhapatnam District-60 .....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 to issue an appropriate writ or order or direction more particularly writ of certiorari calling for the records pertaining to IA.No.95 of 2008 in EOP.No.2 of 2008 dated 30.8.2008 on the ﬁle of the AP Cooperative Tribunal, Visakhapatnam and consequently quash the same and to pass Counsel for the Petitioner:SMT.BOBBA VIJAYALAKSHMI Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20166 of 2008 ORDER: Elections to the managing committee of the petitioner-society were held on 06.02.2008 and a committee was elected. The 2nd respondent ﬁled E.O.P.No.2 of 2008 before the A.P. Co-operative Tribunal, Visakhapatnam, under Section 62(4) of the A.P. Co-operative Societies Act (for short ‘the Act’). During the pendency of the O.P., he ﬁled I.A.No.95 of 2008 under Section 151 of C.P.C., with a prayer to restrain the general body of the society from taking or implementing any policy decision. The application was opposed by the petitioner. Through its order, dated 30.08.2008, the Tribunal allowed the I.A. The same is challenged in this writ petition. Smt Bobba Vijaya Lakshmi, learned counsel for the petitioner submits that the I.A. ﬁled by the 2nd respondent is totally outside the scope of the Tribunal under Section 62 of the Act. She contends that while the challenge is to the election of the managing committee, the 2nd respondent sought to cripple the functioning of the general body itself. She contends that there is absolutely no justiﬁcation for the Tribunal in passing the impugned order. Learned Government Pleader for Co-operation and the learned counsel for the 2nd respondent, on the other hand, submit that the eﬀort of the 2nd respondent was only to ensure that no irregularity takes place under the administration of the committee, whose election is challenged. It is urged that the committee was superseded on an earlier occasion and on being elected, it is proposing to conduct the same activities, which were found fault with. The 2nd respondent challenged the election of the managing committee of the society on certain broad and general grounds, such as the validity of the voters’ list, be it, in the context of inclusion or exclusion of members. Even if the contention of the 2nd respondent is accepted and the Tribunal ﬁnds that the election was vitiated in any manner, at the most, it may result in setting aside the election of the committee. An elected individual or body cannot be precluded or prevented from discharging the functions through an interlocutory order ﬁled in an election petition. Such a course is unknown to adjudication of the election disputes. An additional factor, in the instant case, is that the temporary injunction was sought against the entire general body. I.A.No.95 of 2008 is completely outside the purview of the election petition and the Tribunal ought not to have entertained it. The writ petition is accordingly allowed and the impugned order is set aside. There shall be no order as to costs. _________ 17.10.2008 Note: L.R.Copy to be marked. (B/o) JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRK} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20166 of 2008 Date: 17.10.2008 JSU