IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21095 of 2010 Between: Chilukri Satyanarayana & others. ..... Petitioners AND The District Cooperative Officer, Machilipatnam, Krishna District & others. .....Respondents Counsel for the petitioners: Sri V.V.N.Narasimham Counsel for respondents 1&2: GP for Cooperation Counsel for respondents 3&4: Sri N. Rajeswara Rao The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.21095 of 2010 ORDER: At the interlocutory stage, the Writ Petition is taken up for hearing and disposal. This Writ Petition is filed for a Mandamus to declare the inaction of respondent Nos.1 to 4 in conducting elections for the posts of two Directors of the Managing Committee of respondent No.5 Society (for short, “the Society”) in terms of clause 18 of the bye-laws of the Society, as illegal and arbitrary. The petitioners sought for a consequential direction to respondent Nos.1 and 2 to hold elections. In their affidavit, the petitioners have averred that petitioner Nos.1 to 5 are the Directors and 6 and 7 are the Members of the Society; that clause 18 of the bye-laws of the Society envisages that the Managing Committee shall consist of ten Directors which shall include not less than two female Directors and that if no qualified woman is available, that vacancy should be filled with a male member. It is further averred that the tenure of a Director is for five years; that for every two years, two members shall retire and that under clauses 18 and 19, it is mandatory to conduct General Body Meeting in the month of June of every year by electing the Director of the Managing Committee and also the President of such Committee. It is the pleaded case of the petitioners that a General Body Meeting was called for 04.07.2010 at 7.00 p.m. for the purpose of electing two persons as Directors in view of retirement of respondent Nos.6 and 7 on 30.06.2010 and also for election of President of the Managing Committee, that as there were disturbances in the meeting, no election could take place resulting in sine die adjournment of the meeting without transacting any business. The petitioners therefore filed the present Writ Petition for the abovementioned relief. Though time was taken, no counter affidavits have been filed by any of the respondents. At the hearing, the learned Government Pleader for Cooperation submitted that though the petitioners have stated that they have represented to respondent No.1 on their grievance raised in this Writ Petition, no such representation was made to respondent No.1. He further submitted that respondent No.1 will consider the grievance of the petitioners and take appropriate decision on the issues raised by them in this Writ Petition. Having regard to this submission of the learned Government Pleader, the Writ Petition is disposed of with the direction to respondent No.1 to consider the plea of the petitioners regarding filling up of the vacant posts of Directors of the Society, take a decision and communicate the same to the petitioners and respondent Nos.6 and 7, within a period of one month from the date of receipt of this order. As a sequel to disposal of the Writ Petition, WPMP No.26837 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 01.04.2011 ES