APHC010436722022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 26804/2022 Between: 1. KALLA GANGESWARA RAO, S/O ADINARAYANA AGED ABOUT 46 YEARS 2. KALLA SURYANARAYANA, S/O RAMULU, AGED ABOUT 52 YEARS 3. GUTHURTHI VEERAPANDU, S/O POTHURAJU, AGED ABOUT 50 YEARS 4. KALLA VEERA VENKATA SATYANARAYANA, S/O ARJANNA, AGED ABOUT 50 YEARS 5. KADAVALA VEERABBAI, S/O VEERANNA, AGED ABOUT 50 YEARS 6. PANDIRI SEETHAIAH, S/O GANGAIAH. AGED ABOUT 70 YEARS 7. P.SREENU, S/O RAMBABU, AGED ABOUT 38 YEARS 8. GEDHELA ADI VISHNU, S/O POTHURAJU, AGED ABOUT 50 YEARS 9. GEDHELA VEERRAJU, S/O POTHURAJU, AGED ABOUT 55 YEARS 10. GEDHELA VENKATESWARA RAO, S/O POTHURAJU AGED ABOUT 60 YEARS ALL R/O RAMPA YERRAMPALEM VILLAGE, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES, AT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE COMMISSIONER OF FISHERIES, VIJAYAWADA, SRK, J W.P.No.26804 of 2022 2 KRISHNA DISTRICT (NOW NTR DISTRICT) 3. THE DISTRICT COLLECTOR CUM ELECTION AUTHORITY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT 4. SRI VENKATESWARA FISHERMEN COOPERATIVE SOCIETY LIMITED C10, RAMPA YERRAMPALEM VILLAGE, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT REPRESENTED BY ITS PART-TIME PERSON INCHARGE COMMITTEE 5. THE ELECTION OFFICER/FISHERIES DEVELOPMENT OFFICER T A, DWARAPUDI, EAST GODAVARI DISTRICT ...RESPONDENT(S): 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 or Writs, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Part Time Person In-charge Committee of the 4th Respondent Society in publishing the Voters List dated 10.8.2022 on the premise of the proceedings of the 3rd Respondent vide Election Notification vide Proc.No. 102/ A2/ 2022 dated .17.2022, as 160, contrary to the voters list confirmed as 122 dated 23.11.2020, as bad, arbitrary, contrary to the provisions of A.P. Cooperative Societies Act, 1964 read with rules made thereunder and also offends Arts. 14 and 21 of the Constitution of India, in the interests of justice and fair play. IA NO: 1 OF 2022 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 direct the Respondents to consider the objections of the petitioners dated 12.8.2022, on the premise of the list of members published dated 23.11.2020 (after enquiry), for the purpose of elections to the 4th Respondent Society, pending disposal of the above Writ Petition and to pass IA NO: 2 OF 2022 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 direct the Respondents to conduct the elections to the 4th Respondent Society as per the Voters List of Special Officer of Sri Venkateswara Fishermen Cooperative Society Limited, Rampa Yerrampalem Village, Gokavaram Mandal, East Godavari District cum Fisheries SRK, J W.P.No.26804 of 2022 3 Development Officer, Rampachodavaram dated 23.11.2020 in the ensuing elections scheduled on 14.9.2022, pending disposal of the above Writ Petition and to pass IA NO: 3 OF 2022 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 vacate the interim order dt.24- 07-2022 passed in WP.No.26804 of 2022 and dismiss the writ petition and pass IA NO: 1 OF 2024 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 permit the petitioners no 1 to 5 here in to impleaded as party respondents no 6 to 10 in the above WP No 26804 of 2022 and to pass IA NO: 2 OF 2024 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 vacate Interim Orders passed in WP No 26804 of 2022 dated 24.07.2022 and to pass Counsel for the Petitioner(S): 1. M VIDYAVATHI Counsel for the Respondent(S): 1. M VIDYAVATHI Counsel for the Respondent(S): 1. GP FOR ANIMAL HUSBANDARY The Court made the following: SRK, J W.P.No.26804 of 2022 4 O R D E R This Writ Petition is filed challenging the action of the Part Time Person In-charge Committee of 4th respondent-Society in publishing the Voters’ List, dated 10.08.2022 as 160 Members pursuant to the Election Notification issued by 3rd respondent vide Proc.No.102/A2/2022, dated ../07.2022, contrary to the Voters’ List, dated 23.11.2020 disclosing as 122 Members, as bad, arbitrary and contrary to the provisions of the Andhra Pradesh Cooperative Societies Act, 1964 (for brevity ‘the Act, 1964’) read with the Rules made thereunder. 2. Contents of the affidavit filed by 1st petitioner, in support of the Writ Petition, on his behalf and on behalf of other petitioners, in brief, are that, the Fishermen Cooperative Society, Rampa Yerrampalem village, Gokavaram Mandal, East Godavari District was registered in the year 1975 with Regn.No.C-10 under the Act, 1964; that after conducting enquiry, vide Proceedings, dated 23.11.2020, the Enquiry Officer declared that the society is existing with 122 Members. (b) Originally, the affairs of the Society were administered by the elected Managing Committee of the Society, but at present, vide Proc. No.1045/A5/2020, dated 27.04.2020, in supersession of the Managing Committee of 4th respondent, the Society was SRK, J W.P.No.26804 of 2022 5 existing with Part Time Person In-charge Committee viz. Fisheries Development Officer, Dwarapudi, from the year 2020. (c) That the Deputy Director of Fisheries-cum-Ex-Officio Joint Registrar of Cooperative Societies along with the Assistant Inspector of Fisheries, Korukonda conducted an enquiry against 4th respondent Society on the irregularities viz. (i) irregularities in admitting the new Members and removing the existing Members by violating the conditions; (ii) though the Society is State-aided Society under Section 43 of the Act, 1964, conducting elections on their own, contrary to Rule 22 of the Andhra Pradesh Cooperative Society Rules, 1964 (for brevity ‘the Rules, 1964’); (iii) variation in the Voters’ List from the year 2010 to 24.01.2013 i.e. from 86 to 130 Members and as per G.O.Ms.No.74, dated 21.10.2022, said to have admitted the Members without conducting the skill test and shown the number of Members as 130; (iv) reopened new books on the ground that old books were lost due to theft; (v) no explanation for removal of 25 genuine Members from the list shown in the year 2010; and, (vi) admission of 32 ineligible Members without skill test. (d) The respondents issued Notice under Section 34 (1) of the Act, 1964 and sought their explanation vide Proceedings, dated 19.09.2020; that finally, the Part Time Person In-charge Committee SRK, J W.P.No.26804 of 2022 6 was appointed and the same is continuing till now; that in supersession of the Managing Committee, the Enquiry Officer, at the time of passing the Order, dated 23.11.2020, published the Membership List as 122 Members, while so, 3rd respondent, who is the Election Authority, under Section 32 (2) of the Act, 1964 read with Rule 22 of the Rules, 1964, issued Election Notification vide Proc.No.102/A2/2022, dated ../07.2022, fixing the election schedule in a phased manner in the entire district of East Godavari; that 4th respondent Society was shown in Phase II Elections and proposed the date of poll as 14.09.2022 along with Election Schedule, by appointing the Election Officer; that as per the Election Schedule, either the President of 4th respondent-Society or the Part Time Person In-charge Committee has to publish the preliminary Voters’ List, calling for objections; that the Part Time Person In-charge Committee of 4th respondent Society published Voters’ List with 160 Members on 10.08.2022 and on verification, it was confirmed that only 122 Members were found eligible and after enquiry, it was totally changed by adding new Members and deleted the existing Members in the list of 122. (e) That the earlier Fisheries Development Officer, who was the Part Time Person In-charge Committee, issued the Voters’ List confining to 122 Members by considering the list of Members of SRK, J W.P.No.26804 of 2022 7 the Society of the year 2010 by its Order, dated 23.11.2020; that the Part Time Person In-charge Committee had no power or jurisdiction either to admit new Members or to delete the existing Members, except to attend day-to-day affairs of the Society; that the list of 160 Members published on 10.08.2022, is contrary to the settled list of Part Time Person In-charge Committee, dated 23.11.2020 and the Members, who were listed in the earlier list, dated 23.11.2020, were not shown in the present Voters’ List, dated 10.08.2022. (f) That the petitioners submitted objections/ representation to the respondents on 12.08.2022 requesting to conduct elections to the Society with the confirmed Voters’ List of 122 Members, as per the Schedule; that as per the Election Notification of 3rd respondent vide Proc.No.102/A2/2022, dated ../07.2022 the elections to the Society are scheduled to be held on 14.09.2022, which includes receipt of nominations, scrutiny of nominations, withdrawal of nominations and poll by show of hands under Rule 22 (B) of the Rules, 1964. All the 122 Members of the Society only are eligible to participate in the proposed elections, to elect the Managing Committee of the Society; that despite the enquiry and superseding the Managing Committee of the Society in the year 2020, by virtue of the same, the Voters’ List, after inclusion SRK, J W.P.No.26804 of 2022 8 and exclusion as 122 and the Part Time Person In-charge Committee of the Society shall not interfere and change the list of Members/ Voters, thus, raising the voters from 122 to 160 of their own is contrary to preparation of Voters’ List, dated 23.11.2020. Hence, the Writ Petition. 3. This Court vide Order, dated 24.08.2022 passed the following Order: “..the 5th respondent shall consider the objections of the petitioners dated 12.08.2022 and pass appropriate directions and orders on the said objections after giving an opportunity of hearing to the petitioners. It is further clarified that no election notification will be issued until this process is completed and a fresh electoral list is prepared.” 4. Pursuant thereto, Respondent Nos.1 to 3 and 5 filed I.A.No.3 of 2022 seeking to vacate the interim Order, dated 24.08.2022. The Fisheries Development Officer holding the post of Part Time Person In-charge of 5th respondent filed counter denying the contents of the Writ Petition. It is contended that 4th respondent- Society is a Registered Cooperative Society under the Andhra Pradesh Cooperative Societies Act, 1964 under the administrative control of the Fisheries Department; that he received the society records from his predecessor on 17.11.2020; that the admission book was the basic document for detailed information of Members SRK, J W.P.No.26804 of 2022 9 of the society, and (i) Admission Book with names of Members from 1 to 160; (ii) Minutes Book (Pg.No.1 to 268) and (iii) Cash Book (Pg. No.1 to 172) were newly opened by the then Managing Committee, as the Society records were lost, for which, the then President of the Society viz. Andiboyina Krishna gave a complaint and a case was registered vide Crime No.129 of 2016, dated 06.12.2016 at Station House Officer, Korukonda Police Station; that thereafter several enquiries conducted on the issue of membership, but final decision is to be taken; that as per the election schedule communicated by the competent authority, 5th respondent published preliminary Voters’ List on 10.08.2022 consisting of 160 Members basing on the available admission book and called for objections; that the objections received from petitioner Nos.1, 2, 4 and 5 on 12.08.2022 were disposed by 4th respondent, by addressing the petitioners by giving appropriate reply vide Letter No.PPIC/FCS/Rampayerrampalem/20 on 20.08.2022. (b) That the District Collector and the District Election Authority issued orders vide Proceedings No.102/A2/2022, dated 30.07.2022 by fixing the election schedule in a phased manner and 4th respondent published the preliminary Voters’ List on 10.08.2022 consisting of 160 Members basing on the available admission book. SRK, J W.P.No.26804 of 2022 10 (c) That on verification of office records, it was found that the then Assistant Inspector of Fisheries, Korukonda finalized the list of actual Members Status of the society and submitted a Letter, dated 24.01.2013 addressed to the Assistant Director of Fisheries, Rajamahendravaram, consisting of 130 Members with the following remarks: “As seen from the Office file foot note, it is understood that serial No.123 to 130 (8 members) were admitted unauthorizedly without following basic rules and regulations. But there is no society’s official authorized admission book for cross verification of the list except in the office file.” (d) That the preliminary Voters’ List consisting of 160 Members was published by the Part Time Person In-charge Committee based on the society available admission book; that the Part Time Person In-charge Committee had not interfered and changed the list of Voters of the Society and the Part Time Person In-charge Committee had no role to admit or delete Members from the admission register except to carry forward the contents available in the Admission Register. (e) That 4th respondent published preliminary Voters’ List consisting of 160 Members based on the available society admission book, but on verification of office records, it was found that there are 130 Members finalized by the Assistant Inspector of SRK, J W.P.No.26804 of 2022 11 Fisheries, Korukonda on 24.01.2013 with certain remarks; that the list containing 130 Members, is also required to be streamlined as per the remarks of the Assistant Inspector of Fisheries, Korukonda, dated 24.01.2013; that in view of the contrary raised on finalization of Members of the society, it is better to conduct elections to 4th respondent-Society after streamlining the membership by the competent authority. Hence, it is prayed to dismiss the Writ Petition by vacating the interim Order, dated 24.07.2022 passed in Writ Petition No.26804 of 2022. 5. The respondent Nos.6 to 10, who were impleaded in the Writ Petition proceedings as per the Order, dated 20.08.2025 passed by this Court in I.A.No.1 of 2024, filed counter-affidavit contending that pursuant to the Orders passed by the District Election Authority vide Proceedings No.102/A2/2022, dated 30.07.2022, the election to the subject Society was fixed on 14.09.2022 by publishing the preliminary Voters’ List and the names of respondent Nos.6 to 10 were available in the said list; that according to the Admission Book of the Society, 160 Members are available and the names of respondent Nos.6 to 10 were mentioned at S.Nos.94, 134, 115, 137 and 112, respectively and these respondents are all within 160 Members, who are having valid membership; that in regard to number of Members i.e. SRK, J W.P.No.26804 of 2022 12 whether 130 or 123, is concerned, it is for the society or the Fisheries Department to take decision after the election process is completed. (b) According to the Audit Reports for the year 2019-2020, the number of Members available at the year ending was 212 and for the years 2020-21 and 2022-2023 are concerned, the number of Members is 152; that the disputed year 2022 is concerned the number of eligible voters number is 160 Members, therefore, the respondent Nos.6 to 10 are within the valid list of members available on the rolls of the Society with serial number from 94, 134, 115, 137 and 112, therefore, the impleaded petitioners are the valid members and suffering from the stay order of the election and as such, the smooth functioning of the Society was hampered due to stalling of Election process and the Part Time Person In-charge is not supervising the society properly and in the meanwhile, the political parties entered into the society election, leading to hampering the fishing in the tank by the Members, thereby, loosing economically by the valid members in view of the pendency of the Writ Petition. Hence, it is prayed to dismiss the Writ Petition by vacating the interim Order, dated 24.07.2022 passed in Writ Petition No.26804 of 2022. SRK, J W.P.No.26804 of 2022 13 6. Heard the learned counsel for the petitioners, learned Government Pleader for Fisheries representing respondent Nos.1 to 3 and 5, and learned counsel for respondent Nos.6 to 10. Perused the material available on record. 7. A perusal of the material on record goes to show that as per the enquiry conducted by the Enquiry Officer, vide Proceedings, dated 23.11.2020, the society viz. Sri Venkateswara Fishermen Cooperative Society Limited, Rampa Yerrampalem village, Gokavaram Mandal consists of 122 Members and at the time of Election Notification issued by 3rd respondent vide Proc.No.102/A2/2022, dated ../07.2022, the Voters’ List consists of 160 Members on 10.08.2022. It is the contention of 5th respondent that 5th respondent published preliminary Voters’ List on 10.08.2022 consisting of 160 Members basing on the available admission book. Admittedly, names of respondent Nos.6 to 10, who were impleaded in the Writ Petition, were shown in the Voters’ List, at Sl.Nos.94, 134, 115, 137 and 112, respectively. 8. A perusal of material on record further goes to show that this Court vide Order, dated 24.08.2022, directed 5th respondent to consider the objections of the petitioners dated 12.08.2022 and pass appropriate directions and orders on the said objections after giving an opportunity of hearing to the petitioners. It SRK, J W.P.No.26804 of 2022 14 was further directed that till then, no election notification shall be issued until the above said process is completed and a fresh electoral list is prepared. 9. Admittedly, preparation of the electoral roll is being an intermediate stage in the process of an election of 4th respondent- Society and even though, there may be some alleged illegality or breach of the Rules while preparing the electoral roll, since the election process having been set in motion, and having regard to the interim Order passed by this Court and in terms of which, representations have been made to consider the objections made by the Members, respondents are directed to consider the objections and pass appropriate orders in accordance with law. It is made clear that the Election process shall commence from that stage. Consequently, the interim Stay, dated 24.08.2022 granted by this Court, stands vacated. 10. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications pending if any, shall also stand closed. JUSTICE K. SREENIVASA REDDY 20th August, 2025. DNB