H- ( K-' U I APHC010595822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) | 055 WEDNESDAY.THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 30725 OF 2025 Between: 1. M. Satyanarayana, S/o. M. Basavaiah Aged 53 years, Member of 5th Respondent Society R/o. Indira Colony Gudlavalleru Village and Mandal Krishna District 2. G. Ram Babu, S/o. G. Narayana Aged 63 years, Member of 5th Respondent Society R/o Indira Colony Gudlavalleru Village and Mandal Krishna District ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Cooperative Societies, A.P. Velagapudi, Amaravathi Guntur District 2. The Joint Director of Fisheries, Machilipatnam, Krishna District 3. The District Collector/ District Election Authority, Machilipatnam, Krishna District 4. The Election Officer, Assistant Inspector of Fisheries, Machilipatnam, Krishna District 5. Harijana Fisherman Cooperative Society, Registration No. NN1, Represented by its Secretary Krishna District Secretariat Buildings, Gudlavalleru Village and Mandal, ...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 Writ of mandamus declaring the action of the Respondents in conducting election by issuing Notification Procs.No. 281/E/2025, dated 18.09.2025 (particularly 5th serial number/column) by the 3rd Respondent conducting election by the 4' and Respondent as arbitrary and unconstitutional and consequently direct the Respondents to conduct the elections to the 5'*' Respondent as per law by issuing fresh election notification. lA-NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated the affidavit filed in support of the petition, the High Court may be pleased to suspend the election notification Procs.No.281/E/2025, dated 18.09.2025 (particularly 5**^ serial number/column) by the disposal of the above writ petition. Counsel for the Petitioners: SRI K. V. ADITYA CHOWDARY Counsel for the Respondent No.1:GP FOR COOPERATION Counsel for the Respondent Nos.2 & 4:GP FOR FISHERIES Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.5:— The Court made the following order: 3'"^ Respondent, pending 'I APHC010595822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE [3327] Vr PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 30725/2025 Between: 1 M. SATYANARAYANA, S/0. M. BASAVAIAH AGED 53 YEARS. MEMBER OF 5TH RESPONDENT SOCIETY R/0. INDIRA COLONY GUDLAVALLERU VILLAGE AND MANDAL KRISHNA DISTRICT 2.G. RAM BABU, MEMBER OF 5TH RESPONDENT SOCIETY R/0 INDIRA COLONY GUDLAVALLERU VILLAGE AND MANDAL KRISHNA DISTRICT S/0. G. NARAYANA AGED 63 YEARS, ...PETITIONER(S) AND STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY DEPARTMENT A.P. SECRETARIAT AMARAVATHI GUNTUR 1.THE PRINCIPAL COOPERATIVE SOCIETIES, BUILDINGS, VELAGAPUDI, DISTRICT 2.THE JOINT DIRECTOR OF FISHERIES, MACHILIPATNAM, KRISHNA DISTRICT 3.THE DISTRICT COLLECTOR/ DISTRICT ELECTION AUTHORITY, MACHILIPATNAM, KRISHNA DISTRICT 4.THE ELECTION OFFICER, ASSISTANT INSPECTOR OF FISHERIES MACHILIPATNAM, KRISHNA DISTRICT 5.HARIJANA ^PISHERMAN REGISTRATION NO. NN1 SECRETARY GUDLAVALLERU VILLAGE AND MANDAL, KRISHNA DISTRICT OF COOPERATIVE SOCIETY, REPRESENTED BY ITS ...RESPONDENT(S); 1 SRK, J W.P.No.30725 of 2025 2 Petition under Article 226 of the Constitution of India praying r ^ffi<^3vit filed therewith, the High Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of WRIT OF MANDAMUS fstuinr^NotT^'^°D Respondents in conducting election by ssuing Notification Procs.No. 281/E/2025, dated 18.09 2025 innH '' ^1 "'J"’‘>®''/column) by the 3rd Respondent conducting election by the 4th Respondent as arbitrary and unconstitutional and consequently direct the Responderts conduct the elections to the 5th Respondent ^ fresh election notification and to 1A NOl1OF2025 and to as per law by issuing pass Petition under Section 151 CPC praying that in the ^ P'®3sed to suspend the election notification 281/E/2025. dated 18.09.2025 (particularly 5’^ serial number/column) by the 3rd Respondent, pending disposal of the above writ petition, and pass a h =>csi me Counsel for the Petitioner(S): 1. K V ADITYA CHOWDARY Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR FISHERIES 3.GP FOR COOPERATION The Court made the following; SRK, J W.P. No. 30725 of 2025 3 at; ORDER Heard the learned counsel for the Writ Petitioners and learned Government Pleader for respondent Nos.1 to 4. With the consent of both parties, this Writ Petition is disposed of, at the stage of admission. This Writ Petition was filed seeking the following 2. relief: “to issue an appropriate Writ more particularly one In the nature of Writ of Mandamus declaring the action of the respondents in conducting election by issuing Notification Proceedings No. 281/E/2025, dated 18.09.2025 (particularly 5"’ serial number/column) by 3^^ respondent and conducting election by 4“^ respondent; as arbitrary and unconstitutional and consequently, direct the respondents to conduct the elections to 5'" respondent as per law by issuing fresh election notification and to pass such other orders or orders...” Contents of the affidavit filed by 1"' Writ Petitioner, in brief, are that 5'^ respondent-Harijhana Fishermen Cooperative Society, Gudlavalleru village and Mandal was registered under the Andhra Pradesh Cooperative Societies Act, 1964 (for brevity ‘the Act, 1964’) and 2""' respondent granted recognition to it; that 1 petitioner was unanimously elected as President, and 2 petitioner was elected as Vice President, of the said society in the 3. St nd SRK. J W.P.No.30725 of 2025 4 month of August, 2008 and held office till August, 2014; that some conspirators in respondent-Society who belonged to the Scheduled Caste Community, hatched a plan to separate the Members by Community and all other caste. to eliminate the Members way of dividing the Fishermen remaining Members belonged to different (b) Writ Petition Nos.29525 of 2012 were filed, seeking for removal of respondent, but as bonafides and 10520 of 2013 bogus Members from 5*^ were not proved, this Court refused to grant any relief in those Writ Petitions. While the matter stood thus, the Election Officer of Gudlavalleru. Krishna District issued Notification Fisherman Cooperative Society, on 07.12.2014 for the said Notification electing its Governing Body and countersigned by the President, was but ironically, stamped the Hanjhana Fishermen Cooperative Society, Gudlavalleru; that except 5* respondent-Society, there is no other Fishermen Cooperative Society in Gudlavalleru village and Mandal. Aggrieved by the said Election Notification, Writ of 2014 was filed and this Court set-aside Petition No.39113 the Notification, dated respondents therein to issue a fresh procedure as contemplated 07.12.2014 and directed the Election Notification by following due V' SRK, J W.P.No.30725of 2025 5 under Section 22 (2) of the Andhra Pradesh Cooperative Societies Rules, 1964. (c) The District Collector/District Election Authority Krishna at Machilipatnam issued Notification Proceedings NO.972/E/2022, dated 05.07.2024 for conducting Harijhana Fishermen Cooperative Societies, Reg.No. NN1, Gudlavalleru i.e. 5**^ respondent, intimating that the election will be conducted on 31.07.2024 at the Mandal Parishad Primary School, Gudlavalteru. Respondent No.3 issued fresh Notification Procs. No.281/E/2025 dated 18.09.2025 for conducting elections in 7 Mandals on 06.11.2025, wherein, at column No.5, the name of 5'*^ respondent- society was wrongly mentioned as ‘Fisherman Cooperative Society Limited No.NN-1, Gudlavalleru village and Mandal’ instead of ‘Flarijhana Fishermen Cooperative Society Registration No.NN-1, Gudlavalleru village and Mandal’. In the Notification, dated 05.07.2024, 5*^ respondent-Society name was correctly stated and further, stated that election will be conducted at the Mandal Parishad Primary School, Gudlavalleru, but in the Notification, dated 06.11.2025, again the same mistake was repeated showing the non-existent name of the society. SRK, J .WP.No.30725of2025 6 (d) The petitioners along with representation through Grievance other Members made Cell, PGRS Collectorate Krishna vide Grievance No.KRI202510134565, and the Joint Director of Fisheries, through Letter No.2097/E/2025 dated 13.10.2025 Machilipatnam gave reply dated 21.10.2025 stating that per bye-law, notification has been issued and if there i as IS any grievance, they were directed to documents with correct approach his Office and submit name, so that the name of 5*^ Society will be changed. Accordingly, the petitioners submitted the documents on 27.10.2025, but kept aside for respondent- no action was taken and they conducting elections. The were respondents are and wantonly showing different name of the society in Gudlavalleru instead of showing 5 respondent-society in the Election Notification. Hence, the Writ Petition. repeating the same mistake willfully 4. Perused the entire material available Learned counsel for the Writ on record. 5. Petitioners would name of 5*^ respondent-Society has been contend that the wrongly mentioned in the Proceedings No.281/E/2025 dated 18.09.2025. According to the learned counsel, the Fishermen Society pertaining to Harijhana Fishermen Cooperative Society SRK, J W.P. No. 30725 Of 2025 7 and because of the same, the present Writ Petition is filed to stall the Election, which is scheduled to be held on 06.11.2025. Learned Government Pleader appearing for 6. respondent Nos.1 to 4 would contend that there is only one Society in Gudlavalleru village and the Registration No. NN-1 was correctly mentioned and since there is no other society exists in Gudlavalleru village, merely on the ground that the name of the society was wrongly mentioned, the election cannot be stalled. 7. Upon hearing the submissions of both sides, this Court concurs with the submission made by the learned Government Pleader that since there is only one society, and its registration number was also correctly mentioned, merely because the name of 5*" respondent-Society was wrongly mentioned, the election cannot be stalled. 8. However, learned Government Pleader, while submitting his arguments stated across the Bench that at the time th of announcing the results, they would correct the name of 5 respondent-Society as Harijhana Fishermen Cooperative Society and announce the results of the election. 9. Recording the said submission, this Writ Petition is disposed of, directing the respondents pursuant of conducting the \ SRK, J> W.P. No.30725 of 2025 : o ' m 8 elections to respondent-Society, as stipulated in the Notification Procs.No.281/E/2025, dated 18.09.2025. the name of 5*^ respondent-cooperative Society shall be corrected ‘Harijhana Fishermen Cooperative Society Registration No.NNI and thereafter, its results shall be announced. as There shall be no order as to costs. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Cooperative Andhra Pradesh, A.P. Secretariat Buildings Guntur District 2. The Joint Director of Fisheries, Machilipatnam, Krishna District 3. The District Collector/ District Election Authority, Machilipatnam, Krishna District 4. The Election Officer, Assistant Inspector Krishna District 5. The Secretary, Harijana Fisherman Cooperative No. NN1, Gudlavalleru Village and Mandal, 6. One CC to Sri K. V. Aditya Chowdary, Advocate [OPUC] 7, Two CCS to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CCS to GP for Fisheries, High Court of Andhra Pradesh [OUT] 9. TwoCCsto GP for Cooperation, High Court of Andhra Pradesh [OUT] 10. Two CD Copies. Societies, State of Velagapudi, Amaravathi of Fisheries Machilipatnam Society, Registration Krishna District ssb •■'1 HIGH COURT DATED:05/11/2025 ORDER WP No. 30725 OF 2025 ^ 0 7 NOV 2025 ^^fs>Current Sectjot^^l'V DISPOSING OF THE W.P. WITHOUT COSTS