^ IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUAR'^ TWO THOUSAND AND TWENTY FIVE * AMARAVATI \ ♦ cn/So \ - THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO PRESENT WRIT PETITION NO: 3129 OF 2025 Between: Dr. N. Venkata Nanarayana, S/o. Late N. Lakshmanna Aged about 51 years, Occ: Lecturer in Economics Government College (A) Ananthapuramu, Ananthapuramu Districtf-505001. 'J ...Petitioner AND 1. The State of Andhra Pradesh, rep.by its Principal Secretary, General Administration Department, Secretariat, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Co-operative Societies Department, Secretariat, Amaravathi, Guntur District. 3. T. Narsimulu, President, State Body, Government Degree College Puttur, Chittoor District, Andhra Pradesh. 4. M.Srinivas Reddy, State General Secretary in State Body, Lecturer in Chemistry, Working at Government Degree College (Women) Ongole Prakasam District, Andhra Pradesh. 5. The District Election Officer, Originally appointed by Nagabushan Reddy, President, Kadapa District. 6. A. Shashanka Mouli, (GCGTA) Lecturer in Hindi, Government College (A), Ananthapuramu Town, Ananthapuramu District. 7. Dr. B. Manohar Reddy, Secretary, District Body, Lecturer in Botany, Government College(A) Ananthapuramu Town, Ananthapuramu name A. District. r 8. Dr.K. Lakshminarayana, President District Unit, Lecturer in Telugu, Government College, Rayadurg, Ananthapuramu District. 9. Dr. M.T. Jyostna, Treasurer, Lecturer in Telugu, S.V.G.M. Govt. Degree College, Kalyanadurg, Ananthapuramu District. Dr. K. Eswar Reddy, Joint Secretary, Lecturer in Political Science Government College (A) Ananthapuramu Town, Ananthapuramu District. m. . 11. Dr. B. Ramachandra, Vice President Lecturer in Economics, Government College(A) Ananthapuramu Town, Ananthapuramu District. Dr. Mon. Brinda, State Counselor, Lecturer in Chemistry, Government College (A) Ananthapuramu Town, Ananthapuramu District. 12. 13. Dr. B. Jameela Beebi, State Counselor, Lecturer in Zoology, Government Degree College Guntakal, Ananthapuramu District. Dr. T.S. Shyam Prasad, State Counselor, Lecturer in Political Science, S.V.G.M. Govt. Degree College, Kalyandurg, Ananthapuramu District. 14. 15. Dr. J. Shivashankar, Lecturer in Mathematics, Government College (A) Ananthapuramu Town, Ananthapuramu District. (7th respondents to 15th respondents are now elected Body unanimously) ...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 Writ of Mandamus to declare the election of respondent Nos. 7 to 15 as elected body to the association is arbitrary, illegal, contrary to state body provisions of Government College Gazetted Teachers Association (b) to set aside the election of Respondent Nos 7 to 15 as elected body to the Association for respondent, (c) to directed the respondent to conduct election afresh to the unit district/state body by rectifying the defects and also follow the rules, (d) to award costs. % 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 stay all further proceedings including stay of election of state body which will be held on 08.02.2025, pending disposal of the writ petition. Counsel for the Petitioner: SRi. ATCHUTANANDA DONDETi Counsei for the Respondent No.1: GP FOR GENERAL ADMiNiSTRATION Counsel for the Respondent No.2: GP FOR COOPERATION The Court made the following order: % f APHC010059462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) THURSDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 3129/2025 [3330] HfflS THE Between: Dr. N. Venkata Narayana ...PETITIONER AND ...RESPONDENT(S) The State of Andhra Pradesh and others Counsel for the Petitioner; 1.ATCHUTANANDA DONDETl Counsel for the Respondent{S): 1 GP FOR GENERAL ADMINISTRATION 2.GP FOR COOPERATION The Court made the following order; 2 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION N0.3129 of 2024 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief; "...to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the election of respondent Nos. 7 to 15 null and void as elected body to the association Is arbitrary, Illegal, contrary to state body provisions of Government College Gazetted Teachers Association; (b) to set aside the election of Respondent Nos. 7 to 15 as elected body unanimously to the Association for respondent; (c) to direct the respondent to conduct election afresh to the unit district/state body by rectifying the defects and also follow the rules; (d) to award costs and (e) to pass any such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. ” The present writ petition is filed questioning the election of respondents 7 to 15 as elected body unanimously to the association. 2. The contention of the petitioner herein is that the co-operative society concerned “the state” within the meaning of the expression “other authorities” under Article 12 of the Constitution of India. Irrespective of whether the cooperative societies is fall under the expression other authority under Article 12 of the Constitution of India, the remedy of the petitioner is under Section 61(3) of the A.P.Co operative Societies Act, 1964. 3. H 3 Under Section 61(3) of the A.P.Co-operative Societies Act, 1964, every dispute relating to, or in connection with, any election to a committee of a society shall be referred for decision to the Tribunal having jurisdiction over the place where the main office of the society is situated,whose decision thereon shall be final. 4. f 5. As the petitioner is having alternative remedy before the Co operative Tribunal under Section 61(3) of the A.P.Co-operative Societies Act, 1964, this Court cannot exercise its jurisdiction under the Constitution of India unless it is shown the violation of principles of natural justice. 6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. However, the petitioner is at liberty to file appropriate petition before the appropriate authority by invoking the provisions under Section 61(3) of the A.P.Co-operative Societies Act, 1964, for the relief claimed in the writ petition. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SOI- K. SRINIVASA RAJU ASSISTANT) REGISTRAR ^ffifT^FFICER //TRUE COPY// SE To, 1. One CC to Sri. Atchutananda Dondeti Advocate [OPUC] 2. Two CCs to GP for General Administration, High Court Of Andhra Pradesh. [OUT] 3. Two CCs to GP for Co-operation , High Court Of Andhra Pradesh. [OUT] 4. Three CD Copies GSC HIGH COURT DATED:20/02/2025 ORDER WP.No.3129 of 2025 anox,^ g 0 <1 MAR 2P25 . Curreiii oecuon , DISWllSSING OF THE WP WITHOUT COSTS