IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos.1560, 1561, 1757, 1797, 1806, 2080, 2354, 2588 and 2589 of 2008 WRIT PETITION No.1560 of 2008 Between: Ganji Satyanarayana S/o.G.Mallaiah R/o.A.P. Lingottam vilage, Narketpalli Mandal, Nalgonda District. ..... PETITIONER AND 1.The Government of A.p., rep by Principal Secretary, Cooperation Department, Secretariat, Hyderabad. 2.The Director Hand Looms, Textiles & Development Commissioner for APPAREPL, Exports parks, A.P., BRK Bhavan, Hyderabad. 3.The District Collector and Election Authority, Nalgonda, Nalgonda District. 4.The Assistant Director, Hand Looms and Textiles, Nalgonda, Nalgonda District. 5.The A.P. Lingottam Silk and Handlooms Industrial Cooperative Society Ltd., (Production and Sale) A.P. Lingottam, Narketpalli Mandal, Nalgonda District, rep. by its President. .....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 issue an appropriate Writ order or direction more in the nature of Writ of mandamus, declaring the action of the respondent authorities in not taking steps to notify the members regarding increase/change of share capital to Rs. 50/- in time and preparing voters list without letting benefits given by G.O.ms. no.5, dt 11-1-2008 and proceedings of respondent No.2 dt 3-1-2008 come to genuine weavers as illegal and unconstitutional and consequently direct the authorities to conduct elections any time after 24-2-2008 after declaring that the petitioner and similarly placed persons, who have already paid the money and entitled for the benefit of G.O.ms. No.5, dt 11-1-2008 and proceedings of respondent No.2 dated 3-1-2008 are eligible to become voters in the ensuing elections to Elect the Executive Body of A.P. Lingottam Silk and Hand Looms Industrial Cooperative Society Ltd., (Production and Sale) A.P. Lingottam, Narketpalli Mandal, Nalgonda District and pass such other order or orders. Counsel for the Petitioner: MRS.K.RAJITHA Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION No.1561 of 2008 Between: Rapolu Prasad, S/o R. Ramalingam, R/o Charlapalli Village & Post, Nalgonda Mandal & District. ..... PETITIONER AND 1 The Government of A.p., rep by Principal Secretary, Cooperation Department, Secretariat, Hyderabad. 2 The Director Hand Looms, Textiles & Development Commissioner for APPAREPL, Exports parks, A.P., BRK Bhavan, Hyderabad. 3 The District Collector and Election Authority, Nalgonda, Nalgonda District. 4 The Assistant Director, Hand Looms and Textiles, Nalgonda, Nalgonda District. 5 Charlapalli Hand Looms Weavers Cooperative Society, Charlapalli Villae, Nalgonda Mandal & District rep by its President. .....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 issue an appropriate Writ order or direction more in the nature of Writ of mandamus, declaring the action of the respondent authorities in not taking steps to notify the members regarding increase/Charge of share capital to Rs. 50/- in time and preparing voters list without letting benefits given by G.O.Ms.No.5, dt 11-1-2008 and proceedings of respondent No.2 dt 3-1-2008 come to genuine weavers as illegal and unconstitutional and consequently direct the authorities to conduct elections any time after 24-2-2008 after declaring that the petitioner and similarly placed persons, who have already paid the money and entitled for the benefit of G.O.ms. No.5, dt 11-1-2008 and proceedings of respondent No.2 dated 3-1-2008 are eligible to become voters in the ensuing elections to Elect the Executive Body of Charlapalli Hand Looms Weavers Cooperative Society, Charlapalli Village, Nalgonda Mandal & District, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner:MRS.K.RAJITHA Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION No.1757 of 2008 Between: Sri Anumala Bala Rangaiah S/o China Ranga Swamy R/o Pedakurapadu Village, Pedakurapadu Mandal, Guntur District. ..... PETITIONER AND 1 Government of Andhra Pradesh, rep by its Principal Secretary, Co-operation Department, Secretariat, Hyderabad. A.P., 2 Director of Handlooms and Development Commissioner for Apparel Export Parks, A.P., BRK Bhavan, Hyderabad.A.P., 3 District Collector-cu-District Election Authority, Guntur District, Guntur A.P., 4 Assistant Director, Handlooms and Textiles, Guntur, district, Guntur.A.P., 5 Election Officer, The Naveena Weavers Co-operative Production and Sales Society Limited, GRW-38, Pedakurapadu Village, Pedakurapadu Mandal, Guntur District., A.P., .....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 issue a direction or Writ under Article 226 of the Constitution of India Particularly one in the nature of writ of Mandamus declaring action of the respondent authorities in not taking steps to rectify the mistakes occurred in the provisional list and publishing final voters list dt 28-1-2008 for conducting the elections to the naveena Weavrs Cooperative Production and sale society ltd. pedakuropadu Village, and mandal, Guntur District, by issuing the election notice dt 28- 1-2008 of the 5th respondent as unjust arbitrary and illegal and direct the respondents to prepare voters list considering the objections from the members of the society and conduct the elections at nay time after 1-3- 2008 by giving opportunity to all the members of to become voters in the ensuring the elections to elect the executive body of the Naveena Wavers Cooperative production and sale Society Ltd., GRW-38 pedakurapadu Village, Pedadakurapadu mandal, Guntur distrit. WRIT PETITION No.1797 of 2008 Between: Ch. Srinivas, S/o. Ch. Rajaiah, R/o. Reddakaparthi Village &Post, Chitiyal Mandal, Nalgonda District. ..... PETITIONER AND 1 The Government of A.P., Rep by its Principal Secretary Cooperation Department, Secretariat, Hyderabad. 2 The Director Hand Looms, Textiles & Development, Commissioner for APPAREL, Exports Parks, A.P., B.R.K. Bhavan, Hyderabad. 3 The District Collector and Election Authority, Nalgonda, Nalgonda District. 4 The Assistant Director, Hand Looms and Textiles, Nalgonda, Nalgonda District. 5 Peddakaparthi Chentha Cooperative Society, Pedakaparthi Village, Chitiyala Mandal, Nalgonda District. rep by its President .....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 issue an order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in not taking steps to notify the members regarding increase/change of share capital to Rs. 50/- in time and preparing voters list without letting benefits given by GO Ms.No. 5, dt. 11-1-2008 and proceedings of respondent No. 2 dt. 3-1-2008 come to genuine weavers as illegal and unconstitutional and consequently direct the authorities to conduct elections any time after 24-2-2008 after declaring that the petitioner and similarly placed persons, who have already paid the money and entitled for the benefit of GO Ms.No. 5, dt. 11-1-2008 and proceedings of respondent no. 2 dated 3-1-2008 are eligible to become voters in the ensuing elections to Elect the Executive Body of Peddakaparthi Chenetha Cooperative Society, Peddakaparthi Village &Post, Chitial Mandal, Nalgonda District. Counsel for the Petitioner:MRS.K.RAJITHA Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION No.1806 of 2008 Between: 1 Sankarapu Hazarath, S/o. Venkata Swamy, R/o. Nadimoor Vinjamoor, Nellore District. 2 Polisetty Veerabrahmaiah, S/o. Peda Brahmaiah, R/o. Nadimoor Vinjamoor, Nellore District. 3 Changa Peda Chowdaiah, S/o. Hazarath, R/o. Nadimoor Vinjamoor, Nellore District. 4 Sana Venkateswarlu, s/o. Venkataiah, R/o. Nadimoor Vinjamoor, Nellore District. ..... PETITIONERS AND 1 The Government of A.P. Rep by its Prl. Secretary, Cooperation Dept., Secretariat, Hyderabad - 22. 2 The Director of Handloom and Textiles and Development Commissioner for APPAREL Export Park A.P. BRKR Bhavan, Hyderabad. 3 The District Collector & Magistrate & Election Authority of (HWCS) Nellore District 4 The Assistant Director of Handloom & Textiles, Nellore District. 5 The Election Officer of Sri Srinivasa Handloom Weavers Cooperative Society Ltd. Nadimoor Vinjamoor, 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 issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not taking steps to provide membership to the eligible voters in Nadimoor Vinjamoor Mandal, Nellore District considering their objections in view of the publication, dt. 17-1-2008 of the Chairman, HWCS Nadimoor Vinjamoor, Nellore District and to allow the petitioners to participate in the Election Process, providing and protecting their right to vote. Counsel for the Petitioner:MR.M.V.NARASIMHAM Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION No. 2080 of 2008 Between: Smt.Ganji Bharatamma W/o.Anjaiah R/o.Koratikal village Mungode Mandal,Nalgonda District ..... PETITIONER AND 1 The Government of AP., rep. by its principal Secretary Cooperation Department, Secretariat, Hyderabad 2 The Director Hand Looms Textiles & Development Commissioner for APPAREL Exports parks, AP BRK Bhavan Hyderabad 3 The District Collector and Election Authority, Nalgonda , Nalgonda district. 4 The Assistant Director Hand looms and Textiles, Nalgonda, Nalgonda District 5 Mungode Handloom Weavers Cooperative society Ltd Mungode village & mandal, Nalgonda district rep.by its President .....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 in the nture of writ of mandamus declaring the action of the respondent authorities in not taking steps to notify the members regarding increase/change of share capital to Rs.50/- in time and preparing voters list without letting benefits given by G.O.Ms.No.5 dated 11.1.2008 and proceedings of respondent No.2 dated 3.1.2008 come to genuine weavers as illegal and unconstitutional and consequently direct the authorities to conduct elections any time after 24.2.2008 after declaring that the petitioner and similarly placed persons who have already paid the money and entitled for the benefit of G.O.Ms.No.5 dated 11.1.2008 and proceedings of respondent No.2 dated 3.1.2008 are eligible to become voters in the ensuing elections to Elect the Executive Body of Mungode Handloom Weavers cooperative Society Ltd., Mungode village & Mandal, Nalgonda District and pass Counsel for the Petitioner: MRS.K.RAJITHA Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION No.2354 of 2008 Between: 1 Goli Dharma Rao S/o. Subba Rao 2 Divi Gopal Rao S/o.Jaganmohan Rao (Both resident of Ilavaram, Battiprolu Mandal, Guntur District.) ..... PETITIONERS AND 1 Government of Andhra Pradesh, 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 Collector / District Election Authority, Guntur, Guntur District. 4 Assistant Director, Handlooms and Textiles, Guntur, Guntur District. 5 Election Officer, Andhrakesari, Weavers cooperative Society Ilavaram, Battiprolu Mandal, Guntur 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 issue an appropriate Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not taking steps to notify the members regarding increase of membership fee from Rs.30/- to Rs.50/- in time as per rules as illegal and unconstitutional and consequently direct the authorities to conduct elections any time only after 24.2.2008 after declaring that the petitioners and similarly placed persons are eligible to become voters in the ensuing elections to elect the Executive Body of Andhrakesari Weavers Cooperative Society, Ilavaram, Battiprolu Mandal, Guntur District after setting aside the proceedings dated 31.12.2007 of the 2nd respondent and pass such other appropriate orders as are deemed fit and proper in the interests of justice. Counsel for the Petitioner:MR.K.DURGA PRASAD Counsel for the Respondents: GP FOR COOPERATION WRIT PETITION No.2588 of 2008 Between: 1 K.Balaswamy s/o Asirwadam r/o Kothapeta, Phirangipuram Guntur District. 2 G.Benned s/o Chinnappa, r/o Rasool Peata, Phirangipuram Guntur District. ..... PETITIONERS AND 1 Government of Andhra Pradesh, represented 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 Collector/District Election Authority, Guntur dist District, Guntur. 4 Assistant Director, Handlooms and Textiles, Guntur dist, Guntur. 5 Mahatma Gandhi Handlom co operative Production, sale Society limited GR W-64, Phirangipuram Guntur dist. Rep by its President. .....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 issue an appropriate writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the action of the respondent authorities in not taking steps to notify the members regarding increase/change of share capital to Rs.50/- in time and preparing voters list without letting benefits given by GO Ms.no5 dtd.11- 5-2008 and proceedings of R2 dt 3-1-2008 come to genuine weavers as illegal and unconstitutional and consequently, direct the authorities to conduct elections any time after 24.02.2008 after declaring that the petitioners and similarly placed persons, who have already paid the money and entitled for the benefit of GO Ms.no. 5 dtd 11-5-2008 and proceedings of R2 dt 3-1-2008 are eligible to become voters in the ensuing elections to elect the Executive Body of Mahatma Gandhi Handloom cooperative Production, sale Society limited GR-W-64, Phirangipuram Guntur dist.after setting aside the proceedings 31-12- 2007 of R2 and pass such order or further orders as are deemed fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.K.S.MURTHY Counsel for the Respondent: GP FOR COOPERATION WRIT PETITION No.2589 of 2008 Between: N. Shankaraiah, S/o.N. Maraiah, R/o. Donipamula Village, Chandur Mandal, Nalgonda District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Cooperation Department, Secretariat, Hyderabad. 2 The Director Hand Looms, Textiles & Development, Commissioner for APPAREL, Exports Parks, Andhra Pradesh, B.R.K. Bhavan, Hyderabad. 3 The District Collector and Election Authority, Nalgonda, Nalgonda District. 4 The Assistant Director, Hand Looms and Textiles, Nalgonda, Nalgonda District. 5 Chanduru Chenetha Cooperative Society, Donipamula Village, Chandur Mandal, Nalgonda District, Rep. by its President. .....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 int he nture of WRIT OF MANDAMUS, declaring the action of the Respondents authorities in not taking steps to notify the members regarding increase/change of share capital to Rs. 50/- in time and preparing voter list without letting benefits given by G.O.ms.No. 5, dt. 11- 1-2008 and proceedings of respondent No.2 dt. 3-1-2008 come to genuine weavers as illegal and unconstitutional and consequently direct the authorities to conduct elections any time after 24-2-2008 after declaring that the Petitioner and similarly placed persons, who have already paid the money and entitled for the benefit of G.O.Ms.No.5 dt. 11-1-2008 and proceedings of respondent No.2 dated 3-1-2008 are eligible to become voters in the ensuing elections to Elect the Executive Body of Chanduru Chenetha Cooperative Society, Chandur Village & Mandal, Nalgonda District and pass Counsel for the Petitioner:MRS.K.RAJITHA Counsel for the Respondents: GP FOR COOPERATION COMMON ORDER: As the point involved in all these writ petitions is same, these writ petitions are disposed of by this common order. Petitioners are stated to be members of the weavers cooperative societies. The District Election Authority issued orders notifying that the election to the Managing Committee of the society would be conducted in February 2008. Later, voters lists were prepared and were also published. Petitioners state that though there are many members, in the list prepared, the names of many members were deleted without issuing any show cause notice to the members whose names were deleted from the list. On enquiry they came to know that the second respondent issued proceedings dated 31.12.2007 indicating tentative poll schedule, wherein it is specified that the share capital is Rs.50/-. Petitioners further state that without intimating them, the share capital was increased and that they could not pay the share capital of Rs.50/- in the month of December, 2007, as they came to know about the increase only in the month of January, 2008. Thereafter, the petitioners stated to have approached the authorities questioning the said action, but in vain. Petitioners further state that nobody has any authority to remove the members without proper enquiry. Hence they filed these writ petitions assailing the action of the respondents in not including their names in the electoral rolls and depriving them of becoming voters in the elections to be conducted and also from contesting in the said elections. Counter-affidavits are filed on behalf of the respondents opposing the writ petitions and contending that the share capital was reduced from Rs.300/- to Rs.50/- vide Memo No.3882/Tex.1/2004-2, dated 18.02.2004 and this was communicated to all the societies. Therefore, the respondents never increased the share capital without intimation to the petitioners. It is also stated that only those who have paid the share capital of Rs.50/- alone are entitled to participate in the ensuing elections. It is concluded that knowing pretty well about the share capital, petitioners filed these writ petitions to stall the elections to the committees after commencement of election programme. Therefore, they sought to dismiss the writ petitions. Petitioners contend that they are the members of the Societies and the respondents resorted to remove them from the list high-handedly without following the procedure prescribed under the rules and as there is flagrant violation of the Rules, the election proceedings are liable to be quashed and the election is liable to be cancelled. On the other hand, respondents contend that the members who have committed default in payment of share capital are not entitled to participate in the election to cast their vote and therefore, the names of the members who have not paid the share capital were removed from the lists. The Andhra Pradesh Cooperative Societies Rules 1964 (‘the Rules’, for brevity) have been brought into existence with effect from 27.07.1964. Rule 21 of the Rules deals with the Constitution of a representative general body. Subsequently, the Rules were amended from time to time. In exercise of the powers conferred under Section 130(1) of the A.P. Cooperative Societies Act, 1964, the Government of Andhra Pradesh has issued G.O.Ms.No.37, Agriculture & Cooperative (Co.op.IV) Department, dated 28.01.2002 making amendment to the Rules and increasing the Share Capital to Rs.300/-. Subsequently, it was reduced to Rs.50/- on the basis of G.O.Ms.No.87 Agricultural and Cooperative (Coop-IV) Department, dated 07.04.2003. The names of the petitioners were removed from the list on the ground that they did not pay the share capital. To support their contention that even though they did not pay the share capital, they are eligible to vote and also contest in the elections, petitioners rely upon G.O.Ms.No.5, dated 11.01.2008 whereunder, the Government granted exemption to the societies from operating provisions of Sections 21(1)(g) and 25(1-A))(d) of the Act for the purpose of ensuing elections of the Primary Weavers Cooperative Societies. However, the respondents contend that the said Government Order grants permission to the members to vote, but does not waive or exempt them from payment of dues, and being defaulters, petitioners cannot claim such a benefit. This court is not inclined to deal with the said controversy at this stage. Prima facie, this Court is of the view that these writ petitions are misconceived for the simple reason that the election process had already begun and writ petitions cannot be maintained at this stage. In this regard, time and again the Apex Court as well as this Court held that when once the election process has begun and the voters lists were prepared, the same shall not be disturbed unless it is established that it is palpably wrong. In one of the judgments reported by the Apex Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari ugdha Utpadak Sanstha v. State of Maharashtra[1], it was held as under: “ Preparation of voters list is part of election process for constituting Managing Committee of a specified society and that it should not be disturbed unless it is shown to be palpably wrong or to have ceased to be good law as a result of amendment of statute concerned or a subsequent declaration of law.” In the said judgment, the Apex Court concluded as under: “In view of our finding that preparation of the electoral roll being an intermediate stage in the process of election of the Managing Committee of a specified society and the election process having been set in motion, it is well settled that the High Court should not stay the continuation of the election process even though there may be some alleged illegality or breach of rules while preparing the electoral roll.” In the instant case, the grievance of the petitioners is that they were not aware of the amount of share capital and without amending the byelaws, the share capital cannot be increased depriving them of being members. As such, they seek to quash the election proceedings on the ground of irregularities. May be it is true that some irregularities have been committed in the preparation of the voters list, but it does not mean that for the said irregularity, the petitioners can approach this court under Article 226 of the Constitution of India. So, this Court shall bear in mind the policy of the legislature to have the dispute decided speedily through the machinery of election petition and decline to exercise its writ jurisdiction in election dispute. Once the election process was set in motion according to law, any illegality or irregularity committed while the election process is in progress or the conduct of the election is vitiated by any illegality or irregularity in its process, the proper remedy is to lay the action before the Tribunal constituted under that Act by means of an election petition and to have the dispute adjudicated without the election process being interdicted or retarded in its midway. Therefore, if the petitioners are aggrieved by the election, they can approach the Election Tribunal seeking redressal of their grievance. At this stage they cannot seek to stall the election process. Taking the same view, this Court also dismissed writ petitions 1138 of 2008 and batch. Accordingly, these writ petitions are dismissed giving liberty to the petitioners to approach the election tribunal as and when it is required. As the learned Assistant Government Pleader submitted that in view of the interim stay granted by this Court, the election process was stalled and the election could not take place, it is directed that respondent-Election officer concerned, shall proceed further for conduct of elections to the Cooperative Societies. With the above observations, the writ petitions are dismissed. There shall be no order as to costs. _____________________________ (GOPALA KRISHNA TAMADA, J) 18th April 2008. sh [1] (2001)8 SCC 509