APHC010338932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16944 OF 2025 Between: 1. Kunda Sumanth Kumar, K. Yalamanda, Aged about 50 years, R/o. Department of Zoology and Aquaculture, Acharya Nagarjuna University, Guntur, Guntur District. 2. M. Jagidish Naik, S/o. M. Raja Naik, Aged about 48 years, R/o. Department of Zoology and Aquaculture, Acharya Nagarjuna University, Guntur, Guntur District. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Higher Education Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Gunter, Guntur District. 3. The Registrar, Acharya Nagarjuna University, Guntur, Guntur District. 4. The Registrar of Societies, Guntur, Guntur District. 5. The Election Officer, ANU Teachers Association (Reg. No. 215/1978) Guntur, Guntur District. 6. The Nagarjuna University Teachers Association, (NUTA), Rep. by its Secretary, Acharya Nagarjuna University Campus, Guntur, Guntur District. 7. S. Murali Mohan, S/o. Late Rangappa, Aged about 50 years, R/o. Department of Zoology and Aquaculture, Achaiya Nagaijuna University, Guntur, Guntur District. ...RESPONDENTS 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 mandamus declaring the action of the respondent in issuing the election notification dt. 01.07.2025 for election of the respondent society is as illegal, arbitrary and clear violation of Art. 14 and 21 of Constitution of India, contrary to the by laws and also violation of procedure prescribed under the provisions of A.P Societies Registration Act and consequently set aside the above said notification. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant stay of all further proceeding in respect the election schedule to be held on 09.07.2025 in respect of the respondent society pursuant to election notification dt. 01.07.2025 issued by the 5*^ respondent, pending disposal of the writ petition. Counsel for the Petitioners: SRI P. NARASIMHULU Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION Counsel for the Respondent No.2:GP FOR REVENUE Counsel for the Respondent Nos.3 to 6:SRI M.CHALAPATHI SC FOR NAGARJUNA UNIVERSITY Counsel for the Respondent No.7:— The Court made the following order: 1 APHC010338932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) w [3328] 1 TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 16944/2025 Between; 1.KUNDA SUMANTH KUMAR, K. YALAMANDA, AGED ABOUT 50 YEARS, R/0. DEPARTMENT OF ZOOLOGY AND AQUACULTURE, ACHARYANAGARJUNA UNIVERSITY, GUNTUR, GUNTUR DISTRICT. 2.M. JAGIDISH NAIK„ S/0. M. RAJA NAIK, AGED ABOUT 48 YEARS, R/O. DEPARTMENT OF ZOOLOGY AND AQUACULTURE, ACHARYA NAGARJUNA UNIVERSITY, GUNTUR, GUNTUR DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, GUNTER, GUNTUR DISTRICT. 3.THE REGISTRAR, ACHARYA NAGARJUNA UNIVERSITY, GUNTUR, GUNTUR DISTRICT. 4.THE REGISTRAR OF SOCIETIES, GUNTUR, GUNTUR DISTRICT. 5.THE ELECTION OFFICER, ANU TEACHERS ASSOCIATION (REG. NO. 215/1978) GUNTUR, GUNTUR DISTRICT. 6.THE NAGARJUNA UNIVERSITY TEACHERS ASSOCIATION, (NUTA), REP. BY ITS SECRETARY, ACHARYA NAGAIJUNA UNIVERSITY CAMPUS, GUNTUR, GUNTUR DISTRICT. 7.S MURALI MOHAN, S/O. LATE RANGAPPA, AGED ABOUT 50 YEARS, R/O. DEPARTMENT OF ZOOLOGY AND AQUACULTURE, ACHAIYA NAGAIJUNA UNIVERSITY GUNTUR, GUNTUR DISTRICT. 2 ...RESPONDENT(S): Counsel for the Petitioner(S): 1.P NARASIMHULU Counsel for the Respondent(S): 1.GP FOR HIGHER EDUCATION 2.GPFOR REVENUE 3.M.CHALAPATHI SC For Nagarjuna University The Court made the following: \ ORAL ORDER: Heard Sri Narasimhulu Parise, learned Counsel for the Writ Petitioners, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri M. Chalapathi, learned Standing Counsel for Acharya Nagarjuna University. 2. The present Writ Petition is filed challenging the Election Notification - 2025-26, dated 01.07.2025 (Ex.P.1). This Election Notification dated 01.07.2025 is challenged on the ground that the timeline that is fixed by the Election Cfficer is not in accordance with bye-laws of the Nagarjuna University Teachers Association (NUTA). 3. Learned Counsel for the Writ Petitioners has drawn the attention of this Court to various dates with respect to the filing of nominations, withdrawal of nominations and publication of the Final Electoral Roll. It is noticed by this Court that the bye-laws would stipulate that the nominations shall be invited giving at least three days’ time. Bye-laws would also stipulate that minimum of two days’ time shall be given for withdrawal of nomination after the deadline period for filing of nomination and that two days’ time shall be provided for polling of votes after completion of the deadline for withdrawal of the nomination. Learned Counsel for the Writ Petitioners has submitted that a Member of the NUTA cannot be appointed as an Election Cfficer. 3 I®*. 4, This Court has noticed that the timeline stipulated in the impugned Notification is contrary to the timeline that is fixed under the bye-laws inasmuch as only two days were provided for receiving the nominations as against the prescribed three-day period. Even with regard to withdrawal of nomination, the impugned Notification has provided only a half day i.e., up to 01:00 P.M on 04.07.2025 and that the publication of final list is to be done at 03:00 P.M on the same date i.e., on 04.07.2025. f The above description would indicate that the impugned Notification is in violation of the bye-laws. Learned Counsel for the Writ Petitioners has not been able to point out any bye-law prohibiting a Member of NUTA to be appointed as Election Officer. Therefore, this contention of the Writ Petitioners is rejected. 5. In the above premise, the impugned Notification dated 01.07.2025 (Ex.P.1) is set-aside, with a direction to the Election Officer (Respondent No.5) to follow the timeline as prescribed in the bye-laws of the Nagarjuna University Teachers Association (NUTA). 6. 7. Writ Petition stands allowed to the extent indicated above. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Higher Education Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, Gunter, Guntur District. 3. The Registrar, Acharya Nagarjuna University, Guntur, Guntur District. 4. The Registrar of Societies, Guntur, Guntur District. 5. The Election Officer, ANU Teachers Association (Reg. No. 215/1978) Guntur, Guntur District. 6. The Secretary, Nagarjuna University Teachers Association, (NUTA), Acharya Nagaijuna University Campus, Guntur, Guntur District. 7. One CC to Sri P. Narasimhulu, Advocate [OPUC] 8. One CC to Sri M.Chalapathi, SC for Nagarjuna University [OPUC] 9. Two CCs to GP for Higher Education, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 11. Two CD Copies ssb HIGH COURT DATED:08/07/2025 ORDER WP No. 16944 OF 2025 ^ 19 JUL 2025 Co ALLOWING THE W.P. WITHOUT COSTS