THE HON’BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.30315 OF 2011 ORDER: This writ petition is filed seeking to issue Writ of Mandamus declaring the action of the respondents in not admitting the petitioners as members of the 4th respondent society, as the petitioners are the L.Rs of deceased members as illegal and arbitrary and contrary to the bye-laws of the society and consequently direct the respondents to forthwith include the names of the petitioners as members in the voters list of the 4th respondent. 2. It is stated in the affidavit filed in support of the writ petition that the 4th respondent society is the Fishermen society, which was formed for the welfare of fishermen community people. As per bye-laws of the society, in the event of death of any member, the legal heirs of the deceased have to be included in the voters list of the society. Since fathers of the petitioners expired on 10-10-1998 and 20-01-2003 respectively, the petitioners submitted a representation before the 4th respondent on 01-08-2011 by duly enclosing the copies of death certificates requesting to include their names in the voters list. But the 4th respondent vide letter, dated 03-08-2011 informed the petitioners that the President of the society has not handed over the bye- laws of the society, as such, they are not in a position to include the names of the petitioners. Some of the members of the 4th respondent approached this Court and filed W.P.19133 of 2011 for a direction to the respondent authorities to conduct elections to the 4th respondent and this Court, vide order, dated 06-09-2011 directed the respondent authorities to complete the entire process in accordance with law within a period of three months. In pursuance of the order, the Fisheries Development Officer, Kankipadu at Poranki, had prepared the voters list, wherein 423 members were showing as members including the names of the petitioners fathers. Out of 423 members, most of the members expired, but the authorities without taking any action to include the names of the L.Rs. of the deceased as members, are now proposing to conduct elections to the 4th respondent society on 05-12-2011. If the elections are conducted, the petitioners will be deprived of their lawful right to get the membership in the 4th respondent society. Hence, the writ petition. 3. Learned counsel appearing for the petitioners contended that in spite of giving representation even prior to the commencement of the elections, the case of the petitioners has not been considered so as to include their names in the voters list of the 4th respondent society and hence, he prays to give a direction to the respondents. 4. On the other hand, learned Assistant Government Pleader for respondents contended that since the election process is commenced, question of considering the case of the petitioners so as to admit them in the society as members does not arise, but however, their case will be considered by the New Executive Body. 5. The factual matrix is not in dispute. Once elections to the 4th respondent society is commenced, question of admitting new members in the society does not arise. As election notification was issued by the competent authority, the petitioners cannot be admitted. However, the petitioners can be admitted if they are found to be eligible as per the bye-laws and if elections are over, their case has to be considered by the New Executive Body. Therefore, respondents 3 and 4 shall take appropriate decision with regard to admitting the petitioners as members in the 4th respondent society after elections are over. 6. With the above direction, the Writ Petition is dismissed. No order as to costs. --------------------- K.C.BHANU, J DATED: 18-11-2011 Hsd