IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 29165 of 2008 Between: Shanivarapu Kotireddy, S/o. Nagireddy, Nagambotlapalem, Primary Agricultural Co-operative Society, Nagambolapalem Village, Thalluru (M) Prakasam District. ..... PETITIONER AND 1 The Assistant Registrar-cum-Election Officer, Nagambotlapalem, Primary Agricultural Co-operative Society, Nagambotlapalem Village, Thalluru (M), Prakasam District. 2 The Deputy Registrar of Co-operative Societies, Kandukur, Prakasam District. 3 The District Collector-cum-election authority, Prakasam District at Ongole. 4 Kuppala Narasamma, w/o. late Venkataiah, 65 years, 8th ward, Boddikurapadu village, Tallur Mandal, Prakasam District. (R4 is impleaded as per Court order dated 29.01.2009 in WPMP.No.1129 of 2009) .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue appropriate writ or order or direction mostly one which is in the nature of Writ of Mandamus declaring the notice Rc.No. Nil dated 29-12-2008 issued by the 1st respondent for conducting election to the post of president of Nagambotlapalem Primary Agricultural Cooperative Society, Nagambotlapalem Village, Thalluru (M), Prakasam District as illegal irregular, arbitrary, unjustified, contrary to AP Cooperative Society Act and the rules and unjustified and set aside the same. Counsel for the Petitioner:MR.P.VEERA REDDY Counsel for the Respondents: GP FOR COOPERATION SRI M.BRAHMA REDDY FOR R4. The Court made the following : THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.29165 of 2008 ORDER: This writ petition is filed seeking a Mandamus declaring the notice, dated 29.12.2008, issued in form XIII by the 1st respondent-Assistant Registrar-cum-Election Officer, Nagambotlapalem Primary Agricultural Co-operative Society, Nagambotlapalem village, Thalluru (M), Prakasam District, for conducting election to the post of President of Nagambotlapalem Primary Agricultural Co-operative Society, Nagambotlapalem village, as arbitrary, illegal and contrary to the provisions of the A.P.Co-operative Societies Act, 1964 and the Rules made thereunder. According to the petitioner, the President of Nagambotlapalem Primary Agricultural Co-operative Society, who was elected on 28.10.2005, submitted his resignation in July, 2008 to the Joint Registrar/District Cooperative Officer, who in turn submitted a report, dated 11.07.2008, to that effect to the 2nd respondent-Deputy Registrar of Co-operative Societies, Kandukur. The 2nd respondent vide proceedings dated 16.07.2008 accepted the resignation of the President and authorized the Vice-President of the Society to manage the affairs of the Society till election to the post of President is conducted. While that being so, the 1st respondent issued the impugned notice, dated 29.12.2008, informing that the 3rd respondent-District Collector-cum- election authority, Prakasam District by his proceedings dated 26.12.2008 appointed him as an Election Officer for conducting the elections to the post of President of the Society from the present Executive members and that, therefore, the date of election to the post of the President is fixed as 02.01.2009. The grievance of the petitioner is that the impugned notice is issued under Rule 22 (12) (B) of the A.P.Co- operative Society Rules, 1964, but Sub-Rule 12 of the said Rule deals with the procedure for conducting elections of office bearers of the Society and it does not include the elections of President or members of the Management Committee; and that since the resignation of the President was accepted under Rule 23 AAA of the Rules, the Vice- President will get the powers and functions of the President. Hence, this writ petition. Sri M.Brahma Reddy, learned counsel appearing for the 4th respondent, stated that the 4th respondent has no objections in conducting elections to the post of President of the Society at any place. Learned Government Pleader appearing for respondents 1 to 3 submits that respondents 1 to 3 have no objection for conducting elections as per law. In the facts and circumstances, the writ petition is disposed of directing the 3rd respondent to conduct elections to the post of President of Nagambotlapalem Primary Agricultural Co-operative Society, Nagambotlapalem village, Thalluru (M), Prakasam District, at the headquarters of the Society, as per law, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. _____________ C.V.RAMULU,J 11.02.2009 Note: Furnish CC in one week B/o v v