HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.39020 of 2014 Date:19.12.2014 Between: Laxmirajyam, S/o Venkat Goud and another.
. Petitioners And:
The State of Telangana., reptd by its Principal Secretary, Agricultural and Co-Operative Department, Hyderabad and four others.
. Respondents Counsel for the Petitioners: Smt K.Udaya Sri Counsel for Respondent Nos.1 to 3: Sri S.Sarath Kumar Special Government Pleader The Court made the following:
ORDER:
This Writ Petition is filed for a Mandamus to declare the election notification in R.C.No.1/2014/ECHS, dated 04.12.2014, issued by respondent No.5 as illegal and arbitrary and in contravention of Rule-22 of the Andhra Pradesh Co-Operative Societies Rules, 1964 (for short ‘the Rules’). The petitioners have sought for a direction to respondent No.3 to take over the affairs of respondent No.4-society and conduct the election in accordance with Rule-22 of the Rules.
I have heard Smt K.Udaya Sri, learned counsel for the petitioners and Sri S.Sarath Kumar, learned Special Government Pleader appearing for respondent Nos.1 to 3.
A perusal of the impugned election notification shows that as per the election schedule contained therein, the election process was commenced with the filing of nominations on 09.12.2014 and ended with polling on 18.12.2014, and counting of votes and declaration of results were done on the same day.
Learned Special Government Pleader submitted that as per the election schedule, the election process has been completed.
With the completion of the election process, the appropriate remedy for the petitioners is only to raise an election dispute as per Section 61 (3) of the Andhra Pradesh Co-Operative Societies Act, 1964.
In the light of the above facts and the law laid down by this Court (S e e Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another
V. State of Maharastra and others and Dhulipalla Narendra Kumar Vs. A.P.Co-Operative Tribunal ), the Writ Petition is dismissed with liberty to the petitioners to avail the remedy of election dispute.
As a sequel to dismissal of the Writ Petition, W.P.M.P.Nos.48904 and 48908 of 2014 filed by the petitioners for interim relief are dismissed as infructuous.
JUSTICE C.V.NAGARJUNA REDDY 19th December 2014 DR