IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 21824 of 2008 Between: 1 M. Peter Paul, S/o. Ananda Rao, R/o. Daggumallivari Palem, Bapatla, Guntur District. 2 Mekala Lazar, S/o. Sri Luka, R/o. Daggumallivari Palem, Bapatla, Guntur District. ..... PETITIONER(S) AND 1 The District Collector & Magistrate, Guntur. 2 The District Cooperative Officer, Guntur. 3 The Divisional Cooperative Officer, Tenali, Guntur District. 4 Daggumallivari Palem Aadhi Andhra Cooperative Collective Farming Society Ltd., Regd. No. 547, Rep. by its Person-Incharge, Daggumallivaripalem, Bapatla, Guntur District. 5 The Person Incharge, Daggumallivari Palem Aadhi Andhra Cooperative Collective Farming Society Ltd., Regd. No. 547, Daggumallivaripalem, Bapatla, Guntur District. 6 The Election Officer/The Assistant Registrar/Auditor, Guntur Daggumallivari Palem Aadhi Andhra Cooperative Collective Farming Society Ltd., Regd. No. 547, Daggumallivaripalem, Bapatla, Guntur District. 7 Gundala David Raju, S/o. Sri Neelambaram, aged major, R/o. Daggumallivaripalem, Bapatla, Guntur District. 8 Baineedi Venkata Swamy, S/o. Sri Samuel, aged major, R/o. Daggumallivaripalem, Bapatla, Guntur District. 9 Jogi Ananda Rao, S/o. Sri Nagaiah, aged Major, R/o. Daggumallivaripalem, Bapatla, Guntur District. 10 Gera Yesobu, S/o. Sri Ramaswamy, aged Major, R/o. Daggumallivaripalem, Bapatla, Guntur District. 11 Salagala David, S/o. Sri Subba Rao, aged Major, R/o. Daggumallivaripalem, Bapatla, Guntur District. 12 Smt. Billa Mary Ratnam, W/o. Sri Emaanuel, aged Major, R/o. Daggumallivaripalem, Bapatla, Guntur District. .....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 a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the Respondents 5 & 6 in conducting the elections to the 4th respondent Socieyt on 25-09-2008 basing on an invalid Voters LIst and declaring the Respondents 7 to 12 as elected candidates though 44 members including the contesting candidates had boycotted the election as illegally, arbitrary and contrary to the procedure contemplated under the A.P. Cooperative Rules 1964 and malaﬁde and set aside the entire election and further direct the 5th & 6th Respondents to prepare a valid Voters List and conduct fresh elections to the 4th Respondent Society and pass Counsel for the Petitioner:MR.C.RAGHU Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 21824 of 2008 ORDER: The petitioners claim to be the Members of the Daggumallivari Palem Aadhi Andhra Cooperative Collective Farming Society Limited, 4th respondent herein. The elections to the Society were notiﬁed by the 6th respondent. The petitioners ﬁled nominations, but have withdrawn the same subsequently. In the elections that were conducted on 25.09.2008, respondents 7 to 12 were declared elected. The grievance of the petitioners is that names of substantial number of voters were removed from the list and illegality has crept into the process. Therefore, they challenge the very conduct of the election. Heard the learned counsel for the petitioner and the learned Government Pleader for Co-operation. Admittedly, the names of the petitioners were not removed from the voters list. On their part, the petitioners ﬁled nominations and thereafter, withdrew the same. In case, they feel aggrieved by the election of respondents 7 to 12, they have to avail the remedy of election petition before the proper Forum. The writ petition is accordingly dismissed. There shall be no order as to costs. _________ 16.10.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MJ} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 21824 of 2008 Date: 16.10.2008 JSU