IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY NINTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 9630 of 2000 Between: Chintagunta Israyelu, S/o. Sri Prakasam, R/o. Narasingapalem Village, Augiripalli Mandal, Krishna District. ..... PETITIONER AND 1 The State of A.P., Rep by its Secretary, Department of Animal Husbandary and Fisheries Department, Secretariat Buildings, Hyderabad. 2 District Collector-cum-Election Authority, Machelipatnam, Kurnool District. 3 Assistant Director of Fisheries, Machilipatnam, Krishna District. 4 Election Officer for Narasingapalem Fisherman Co-operative Society Ltd/Assistant Inspector of Fisheries, Nuzveedu, Kishna District. 5 Ponugumati Subba Rao, S/o. Not Known to petiioner, R/o. Narasingapalem Village, Augiripalli Mandal, Krishna District. 6 The Narasingapalem Fisherman Co-operative Society Ltd. Rep by its Person-in-charge, Regd.No.E-159, Narasingapalem Village, Augiripalli Mandal,Krishna District. (R6 is impleaded as per court order in W.P.M.P.No. 30722/02) .....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 declare and hold that stay of elections of Narasingapalem Fishermen Co-op. Society Ltd., Regd.NO.E-159 scheduled on 27-5-00 by the 1st Respondent in its Telegram dt.25.5.2000 under Rule 22AAA of A.P. Co-op. Societies Rules, 1961 as communicated in the notice dt.26.5.2000 by Respondent No.4 impugned in the Writ Petition and taking steps now to appoint Official PIC without considering the right of the petitioner for appointment as PIC to manage the affairs of the Society if they are otherwise eligible to manage until the elected committee takes chare, as arbitrary, unjust, illegal and violative of Article 14, 19 (1) (g) and 21 of the Constitution of India and consequently to direct the Respondents herein to conduct the elections from the stage where it was stayed and to grant such other relief or reliefs if any the Petitioner is found entitled to in Law by issuance of appropriate Writ more particularly a Writ in the nature of Writ of Mandamus as this Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Petitioner: MR.CH.RAMESH BABU Counsel for the Respondents: MR.T.NIRANJAN REDDY (ADD.CGSC) The Court made the following : ORDER: This writ petition is filed seeking issuance of Mandamus declaring the action of the respondents in issuing telegram dated 25.05.2000 staying elections of Narasingapalem Fishermen Cooperative Society Limited, which was scheduled on 27.05.2000 under Rule 22-AAA of the A.P. Cooperative Societies Rules, 1964 (for short the Rules), as communicated by the fourth respondent and taking steps to appoint Official PIC without considering the right of the petitioner for appointment as PIC, as illegal and arbitrary. The learned counsel appearing for the petitioners has placed before this Court a decision reported in M.A.R.V.S. Sai Babu v. Commissioner and Registrar of Cooperative Societies[1] and contended that the very Rule 22AAA was omitted by G.O.Ms.No.15, A & C (Co-op. IV), dated 15.01.2002. The fact that Rule 22AAA was omitted cannot be taken into consideration in this case in view of the fact that as on the date of election notification the Rule was subsisting. However, in the judgment referred to above, a part of Rule 22 AAA, which was subsisting and governing the election notification, was held to be partly intra vires and partly altra vires. Under those circumstances, this writ petition is also liable to be disposed of in terms of the above judgment. Therefore, the writ petition is liable to be allowed with the following directions. 1) Rule 22AAA of the Rules is intra vires the Act excepting the offending portion ‘on such postponement or alteration of the date or dates of election, the earlier notification shall stand rescinded in all respects and the eligibility of the voters shall be determined in accordance with Rule 22(3), inserted by G.O.Ms.No.732 (Co.op.IV), dated 25.10.1991. 2) G.O.Ms.No.732 (Co-op. IV) dated 25.10.1991 inserting the above words in Rule 22-AAA, is struck down as being ultra vires the Act. 3) Rule 22-AAA of the Rules, 1964 cannot be invoked on the ground of irregularities in the voters’ list. 4) Invocation of Rule 22-AAA of the Rules cannot have effect of canceling the election notification issued earlier or enabling fresh enrollment of members. With the above directions, the Writ Petition is allowed. No costs. ________________ (C.V. RAMULU, J.) 29th July, 2009 Js. [1] 1999 (2) ALD 319 (DB)