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2025 DAILYLAW 21193 (AP)

DAGGUMALLI JOSEPH v. THE STATE OF ANDHRA PRADESH

WP/14838/2025 · 2025-07-20

K Sreenivasa Reddy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010299692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO.14838 OF 2025 Between: 1. DAGGUMALLI JOSEPH, S/o.Bhaskara Rao Aged 60 years, Occ. Cultivation R/o.Daggumallivaripalem, Bapatla Mandal Bapatia, Bapatla District, Andhra Pradesh ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary, Cooperation Department, Velagapudi, Amaravati, Guntur District. 2. The Commissioner for Cooperation and the Registrar of the Cooperative Societies, Government of Andhra Pradesh, Guntur Guntur District, AP 3. The Collector and District Election Authority, Bapatla District, Bapatia, Andhra Pradesh 4. The Election Officer of Daggumallivaripalem, Adi Andhra Cooperative Collective Farming Society Regn.No.547, Daggumallivaripalem, Bapatla Mandal Bapatla District, AP 5. The Daggumallivaripalem Adi Andhra Cooperative Collective Farming Society, Regn.No.547 Daggumallivaripalem, Bapatla Mandal Bapatla District, Andhra Pradesh Rep.by its Special Officer. ...Respondents SRK, J WP No.14838 of 2025 2 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring proceedings in Rc.No.1442/2023-C Dt. 18-06-2025 issued by the Collector and District Election Authority, Bapatla District by postponing the election for constituting the Managing Committee to the 5th Respondent Society scheduled to be held on 19.06.2025 without there being any warranting circumstances as required under Rule 22-C of the APCs Rules as highly illegal, arbitrary and colourable exercise of power besides contrary to law and unconstitutional and consequently to set aside the same and direct the respondents to forthwith recommence from the stage at which it was stopped and complete the election. Counsel for the Petitioner: YASWANTH GADE Counsel for Respondents 1 to 4: GP FOR COOPERATION Counsel for Respondent No.5: P VARA PRASAD RAO SRK, J WP No.14838 of 2025 3 The Court made the following ORDER: This Writ Petition has been filed seeking to declare the proceedings in Rc.No.1442/203-C, dated 18.06.2025, issued by 3rd respondent - Collector and District Election Authority, Bapatla district, by postponing the election for constituting the Managing Committee to 5th respondent Society scheduled to be held on 19.06.2025, as illegal and arbitrary. 2. 2. Case of the Writ Petitioner is that the concerned authorities are conducting elections for constituting the Managing Committee to 5th respondent Society for every five years. Since the term of the present Managing Committee expired, 3rd respondent, vide proceedings dated 09.05.2025, appointed the Assistant Registrar/Sub-Divisional Cooperative Registrar, Bapatla as Election Officer to conduct election for constituting the Managing Committee and issued election schedule. While the election process is going on, 5th respondent issued the impugned proceedings dated 18.06.2025 postponing the election scheduled to be held on 19.06.2025, without any valid reasons. Hence, he filed the present Writ Petition. 3. Today, when the matter came up for hearing, it is submitted by the learned Assistant Government Pleader, and admitted to by the learned counsel for the Writ Petitioner, that the election for constituting the Managing Committee to 5th respondent Society was conducted as per the schedule and the Writ Petitioner herein won the election, and in view of the same, nothing survives for adjudication in the Writ Petition and the matter has become infructuous. SRK, J WP No.14838 of 2025 4 4. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _______________________ K. SREENIVASA REDDY, J. Date:21.07.2025 Nsr SRK, J WP No.14838 of 2025 5 HON’BLE SRI JUSTICE K. SREENIVASA REDDY Writ Petition No.14838 of 2025 Date:21.07.2025 Nsr