IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 501 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 18/04/2008 in WP NO : 1138 OF 2008 on the file of the High Court.) Between: 1 Damarla Seetha Ramaiah s/o. Nageswara Rao R/o. Padmanabhunipeta, Epurupalem, Chirala Mandal, Prakasam District. 2 D. Narayana Murthy s/o. Nageswara Rao R/o. Padmanabhunipeta, Epurupalem, Chirala Mandal, Prakasam District. ..... APPELLANT(S) AND 1 Govt. of A.P., Rep. by its Principal Secretary, Cooperation Department, Secretariat, hyderabad. 2 Director of Handlooms Textiles and Development Commissioner for Apparel Export Parks, A.P., BRK Bhavan, Hyderabad 3 District Collectro/ District Election Authority, Prakasam District ,Ongole. 4 Assistant Director, Handlooms and Textiles, Prakasam Distric Ongole. 5 Election Officer, Srivenikateswara Handlooms Weaver's Cooperative Society Ltd., J(W) 117, Epurupalem, Chirala Mandal, Prakasam District. .....RESPONDENT(S) Counsel for the Appellant:MR.K.S.MURTHY Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : JUDGMENT: (Per Anil R. Dave, CJ) Being aggrieved by the common order dated 18-4-2008 passed in W.P.No.1138 of 2008 and other similar matters, this appeal has been filed by the petitioners. The grievance which has been ventilated by the petitioners, who are the appellants herein, is that the name of the original petitioners should have been included in the voters’ list published by the Election Officer of Sri Venkateswara Handloom Weavers’ Cooperative Society Limited- respondent No.5 herein. Several other grounds had been taken before the learned single Judge and the petition has been dismissed on the ground that the election notification had already been issued and therefore, the petition had become infructuous. The case of the learned counsel for the appellants is that in fact the notification had not been issued at the relevant time. The learned Government Pleader appearing for the respondents has submitted that the notification was issued subsequently but it had been stayed by virtue of the order of this Court and now a fresh notification is to be issued within a day or two. Be that as it may, we are concerned with the non-inclusion of the names of the appellants in the voters list. The reason which has been assigned by the learned Government Pleader is non-payment of share capital by the appellants. It has been further submitted by him that the original petitioner No.1’, who is the appellant No.1 herein had thereafter made payment of his share capital and, therefore, his name was included in the voters list, but as appellant No.2-original petitioner No.2 did not make payment of his share capital, according to the provisions of Section 24 of the Andhra Pradesh Cooperative Societies Act, 1964, appellant No.2 cannot be permitted to cast his vote, because according to the provisions of the said Section one cannot exercise his right to vote unless all payments are made by him. It is pertinent to note that the appellants did not join the Cooperative Society as a party respondent in the petition and, therefore, the society is not a respondent in this appeal. It cannot be ascertained whether the name of the 2nd appellant was removed from the list of voters for a valid reason or otherwise, as the society is not a party in this litigation. For the aforestated reasons, we do not find any substance in this appeal. In the absence of the society as a party and as we do not have sufficient record to decide whether the name of the appellant No.2 was rightly removed from the voters list, the grievance ventilated in the petition cannot be examined For the aforestated reasons, the appeal fails and is accordingly dismissed with no order as to costs. __________________________ ANIL R. DAVE, CJ _________________________ R. SUBHASH REDDY, J 2nd May, 2008 GRR To 1. 2.2 CD copies