IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 3582 of 2008 Between: Naraala Mala Kondaiah, S/o.Mala Kondaiah Member of East Yerraballi Primary Co-Op. Toddy Tappers Society, R/o.East Yerraballi Village, Kondapuram, Nellore Dist., ..... PETITIONER AND 1 The Prohibition and Excise Superintendent, and Ex-Officio Deputy Registrar of Co-Op. Societies, Nellore, Nellore Dist., 2 The Person incharge-cum-Proh. and Excise, Sub-inspector, East Yerraballi Primary Co-Op.Toddy Tappers’ Society, Vinjamuru, Nellore District. 3 The Election Officer & Excise Inspector, Vinjamuru, Nellore District. ....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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the objections submitted on 8-2- 2008 and 19-2-2008 and proceeding to conduct the elections to East Yerraballi Primary Co-op. Toddy Tappers Society, East Yerraballi (V), Kondapuram Mandal, Nellore District on 28-2-2008, is illegal, arbitrary and contrary to the provisions of A.P.Co-op.Societies Act, 1964 and the Rules there under and consequently direct the respondents to pass appropriate orders on the objections dated 8-2-2008 and 19-2-2008 respectively, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.V.V.S.N.MURTHY Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : O R D E R: In this writ petition, the petitioner, who is a member of the East Yerraballi Primary Cooperative Toddy Tappers’ Society (for short “the Society”), seeks directions by way of Mandamus to declare the action of the respondents in not considering his representations dated 08-02- 2008 and 19-02-2008 respectively and proceeding to conduct elections to the Society as illegal, arbitrary and contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for short “the Act”). The petitioner has filed the copies of the representations dated 08- 02-2008 and 19-02-2008. He disputes the inclusion of two members namely Cheruvupalli Malakondaiah and Teppala Yerra Meera Saheb in the list of voters, who will participate in the elections to be conducted to the Managing Committee of the Society. Even in the representations, dated 08-02-2008 and 19-02-2008, the petitioner disputed the eligibility of the above said two members though he admitted their membership into the Society. As the said two members viz., Cheruvupalli Malakondaiah and Teppala Yerra Meera Saheb have already been inducted as members of the Society, without seeking any adjudication over their disqualification from the Society, the petitioner, by way of representation to the Prohibition and Excise Superintendent, cannot seek that their names be deleted from the voters’ list. So long they are members in the Society, they are entitled to be figured as members in the voters’ list. If the petitioner seeks to dispute the membership of any member of the Society, whom he alleges to be wrongly admitted into the Society, there is a remedy available to him under Section 61 of the Act. Further, he can also question illegal membership of the members under Section 19 of the Act. In that view of the matter, there is no basis for the petitioner to file representations for deletion of the names of the two members from the voters’ list. Moreover, he cannot seek any direction from this Court by way of Mandamus without even impleading the two members as party respondents in the writ petition. Keeping it open to the petitioner to assail the validity of the membership of Cheruvupalli Malakondaiah and Teppala Yerra Meerasaheb before appropriate authority, this writ petition is dismissed. If the petitioner challenges their membership, it is open to the authorities concerned to consider the same on its own merits, without influenced by any of the observations made in this order. No order as to costs. ____________________ R.SUBHASH REDDY,J Dated 21st February, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Prohibition and Excise Superintendent, and Ex-Officio Deputy Registrar of Co-Op. Societies, Nellore, Nellore Dist., 2 The Person incharge-cum-Proh. and Excise, Sub-inspector, East Yerraballi Primary Co-Op.Toddy Tappers’ Society, Vinjamuru, Nellore District. 3 The Election Officer & Excise Inspector, Vinjamuru, Nellore District. 4 2CCs to the G.P. for Prohibition & Excise 5 2CD copies