IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1017 of 2008 DATED: 24.1.2008 Between: Ganji Nirmalamma & ors petitioners And The District Collector and Election Authority Nalgonda & ors Respondents THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 1017 of 2008 Oral order: The present writ petition is filed questioning the action of 5th respondent in preparing the voters list of the 4th respondent society deleting the names of the petitioners who are the existing members of the society, as illegal and arbitrary. The petitioners claim that they are existing members of the 4th respondent society. Since the term of the present managing committee is over, the 1st respondent District Collector/Election Officer has published a revised poll schedule. The petitioners allege that by the date of registration of the society and by their date of joining the society, the share capital of each member is only Rs.25/- and to their surprise in the revised poll schedule it is indicated that member shall be eligible to exercise the right to vote, if he subscribes minimum share capital of Rs.50/-. That on coming to know the same, the petitioners along with others have paid challan for Rs.1830/- at the rate of Rs.30/- each on 14.1.2008 and in spite of the same, their names were deleted from the voters list, due to political pressures. Hence, the present writ petition. Heard the learned counsel for the petitioner and the learned Government Pleader for Co-operation. The grievance of the petitioners is that though they have paid the minimum share capital of Rs.50/- in terms of revised poll schedule and eligible to participate in the elections, the 5th respondent has deleted their names from the voters list and no orders are passed on the representation dated 18.1.2008 submitted by them to the first respondent. Thus, the grievance of the petitioners is with regard to deletion of their names from the voters list, which cannot be gone into by this Court. As per section 61(3) of the A.P. Co-operative Societies Act, 1964, every dispute relating to, or in connection with any election to a committee of a society shall be referred for decision to the Tribunal having jurisdiction over the place where the main office of the society is situated, whose decision shall be final. In view of that, and having regard to the fact that the dispute raised by the petitioners relate to deletion of their names from the voters list, I am of the considered opinion that the said question cannot be gone into by this Court in this writ petition, and the remedy of the petitioner, is to approach the Tribunal. This Court in M. Ramachandra Reddy and Others v. Government of A.P.[1] held that even if it was assumed that there were certain irregularities in enrolment of the members of the society and preparation of the voters list, as held by the apex Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra[2], the same can at the most be a valid ground to raise an election dispute after the declaration of the result, and that sub-sections (3) and (4) of Section 61 of the Act in clear terms provide that any dispute relating to any election to a committee of a society shall be referred to the Tribunal only after the date of declaration of the result of such election. For the foregoing reasons, I find no merit in the writ petition, and the same is accordingly dismissed. However, the respondents are at liberty to pass appropriate orders in accordance with law on the representation of the petitioners dated 18.1.2008, if any pending. No costs. _________________ N.V. RAMANA, J. Dated: 24.1.2008. tvk THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 1017 of 2008 DATED: 24.1.2008 [1] 2006 (2) ALD 296 [2] (2001) 8 SCC 509