IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO :830 of 2008 DATED: 24.1.2008 Between: Ch Veerabhadreshwar Rao petitioner and The District Collector cum District Election Authority, Kakinada, East Godavari district & ors Respondents THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 830 of 2008 ORAL ORDER: The present writ petition is filed questioning the action of respondents 2 and 3 in deleting the name of the petitioner from the voters’ list of the 2nd respondent society for the elections scheduled to be held on 13.2.2008 as illegal and arbitrary. The brief facts which lead to filing of the present writ petition are that the petitioner is Ex-President of the 2nd respondent society and due to political grudge, the managing committee has removed him from the society by Resolution dated 27.3.2003. Questioning the same, the petitioner approached the A.P. Cooperative Tribunal by filing O.A. No. 77 of 2004 and the same was allowed by orders dated 20.7.2005. Thereafter, the petitioner herein was issued with a show cause notice dated 22.8.2005 calling for explanation as to why he should not be expelled from the society. Ultimately, by orders dated 28.9.2005, the petitioner was expelled from the 2nd respondent society and questioning the said orders, petitioner filed O.A. No. 01 of 2007 and obtained interim stay by orders dated 21.3.2007 in M.A. No. 08 of 2007 in O.A No. 1 of 2007. The petitioner alleges that in spite of interim orders dated 21.3.2007 staying the further proceedings pursuant to order dated 28.9.2005, the 2nd respondent society is not continuing him as member of the society and he is not being allowed to participate in the elections scheduled to be held on 13.2.2008. The learned counsel appearing for the 2nd respondent submitted that expulsion of the petitioner from the 2nd respondent society is a subject matter of O.A. 1 of 2007 and the petitioner having not raised any objections to the voters list, has filed the present writ petition after the election process has begun and the writ petition is not maintainable. Heard the learned counsel for the petitioner and the learned Government Pleader for Co-operation. The grievance of the petitioner is with regard to deletion of their names from the voters list, which cannot be gone into by this Court. As per Section 61(3) of the A.P. Co-operative Societies Act, 1964, every dispute relating to, or in connection with any election to a committee of a society shall be referred for decision to the Tribunal having jurisdiction over the place where the main office of the society is situated, whose decision shall be final. Hence, I am of the considered opinion that the said question cannot be gone into by this Court in this writ petition, and the remedy of the petitioner, is to approach the Tribunal. This Court in M. Ramachandra Reddy and Others v. Government of A.P.[1] held that even if it was assumed that there were certain irregularities in enrolment of the members of the society and preparation of the voters list, as held by the apex Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra[2], the same can at the most be a valid ground to raise an election dispute after the declaration of the result, and that sub-sections (3) and (4) of Section 61 of the Act in clear terms provide that any dispute relating to any election to a committee of a society shall be referred to the Tribunal only after the date of declaration of the result of such election. For the foregoing reasons, I find no merit in the writ petition, and the same is accordingly dismissed. No costs. ____________ N.V.RAMANA,J DATE: 24.1.2008 TVK THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 830 of 2008 DATED: 24.1.2008 [1] 2006 (2) ALD 296 [2] (2001) 8 SCC 509