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2025 DAILYLAW 35893 (AP)

SHAIK SAIDA v. THE STATE OF ANDHRA PRADESH

WP/30361/2024 · 2025-02-24

Tarlada Rajasekhar Rao

body2025

Judgment text

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APHC010581812024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 30361/2024 Between: Shaik Saida ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G VIJAYA BABU Counsel for the Respondent(S): 1. GP FOR FISHERIES 2 The Court made the following order:- This Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:- “…to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Election Notification, Dt. 16.12.2024 issued by the 6th Respondent as per the Proceedings issued by the 3rd Respondent Vide Proc.No.474/E/2020, Dt. 01.11.2024 to conduct Election to the Managing Committee of the 7th Respondent Society as illegal, arbitrary and contrary to the Provisions, particularly Rule-22-B of the A.P. Co-operative Societies Act, 1964 and also Article 14 of the Constitution of India apart from violation of Principles of Natural Justice and consequently set aside the Election Notification, Dt.16.12.2024 issued by the 6th Respondent to conduct Election to the 7th Respondent Society and to pass such other order or orders.…” 2. Heard learned counsel for the petitioner and learned counsel for the respondents. 3. The present writ petition is filed challenging the election notification dated 16.12.2024 issued by the 6th respondent, pursuant to the proceedings issued by the 3rd respondent, vide Proc.No.474/E/2020 dated 01.11.2024, to conduct election to the Managing Committee of the 7th respondent. 4. When the matter is taken up for hearing, after arguing for some time, learned counsel for the petitioner requested this Court that the petitioner may be permitted to invoke provision under Section 61(3) of 3 the Act, to assail the relief prayed in this writ petition before the Election Tribunal. 5. Acceding to the request made by the learned counsel for the petitioner, liberty is granted to the petitioner to avail remedy under Section 61(3) of the Act, within a period of four (04) weeks from the date of receipt of a copy of this order. 6. With the above directions, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHARA RAO Date: 24.02.2025 KBN 4 34 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHARA RAO WRIT PETITION No.30361 of 2024 Date: 24.02.2025 KBN