APHC010512402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27879 OF 2026 Between: 1. Devakamballi Sreedhar, S/o. Bhaskara Rao, Age 40 years, Occ Dy. Executive Engineer, R/o. Quarter No.DE-49, C Colony, VTPS, Ibrahimpatnam, NTR District, Andhra Pradesh-521 456. ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh-522 238. 2. The Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh, (Registrar General under Section 2(m) of the A.P. Societies Registration Act, 2001), D.no 5-59, R.K. Spring Valley Apartments, Edupugallu, Kankipadu Mandal, Krishna District, Andhra Pradesh-521 151. 3. The District Registrar Registrar of Societies, Registration and Stamps Department, Office of the District Registrar, Red Hills, Lakdikapul, Hyderabad, Telangana State-500 004. 4. The Returning Officer, APSEB Engineers Association Elections 2026-28, Er. G. Vamsee Mohan, Executive Engineer/ APPCC/VS/APGENCO, 4th Floor, APGENCO (Generation Wing), Main Building, Vidyut Soudha, Gunadala, Vijayawada, NTR District, Andhra Pradesh-520 004. 2 5. The Andhra Pradesh State Electricity Board Engineers Association, (APSEB Engineers Association), Regd. No.874 of 1975, rep. by its President, H.No.49-1-133, Sreenilayam, Opp Vidyut Soudha, Gunadala, Vijayawada, NTR District, Andhra Pradesh-520 004. 6. The Secretary General, APSEB Engineers Association, H.No.49-1-133, Sreenilayam, Opp Vidyut Soudha, Gunadala, Vijayawada, NTR District, Andhra Pradesh-520 004. 7. The Andhra Pradesh Power Generation Corporation Limited APGENCO, rep. by its Managing Director, Vidyut Soudha, Gunadala, Vijayawada, NTR District, Andhra Pradesh-520 004. ...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 or order, orders or directions, more particularly one in the nature of Writ of Mandamus i) declaring the action of the 4th respondent in proposing to treat as invalid the nomination of the petitioner for the post of Vice-President (APGENCO) of the 5th respondent Association in the elections for the term 2026-28 notified under Lr.No.Returning Officer/APSEBEA/Elections (2026-28)/D.No.02/2026 dated 09-09-2026, by his letter Lr.No.Returning Officer/APSEBEA/Elections (2026- 28)/D.No.06/2026 dated 21-09-2026 read with his letters D.No.04/2026 dated 18-09-2026 and D.No.05/2026 dated 21-09-2026, on the strength of para (f)(ix)(c) of the Note to Annexure-II of the said Notification corresponding to clause 8(IX)(d) of the document styled Constitution of Bye- laws (as approved by 1st General Body Meeting on 29-11-2018 at Visakhapatnam and on 10-01 2019 in the 2nd General Body Meeting held at RTPP, Muddanur) which is not the registered bye-laws of the 5th respondent and has not been taken on record under Section 8(5) of the Andhra Pradesh Societies Registration Act, 2001, and every action taken in 3 pursuance thereof, as illegal, arbitrary, without jurisdiction, contrary to Sections 8, 12, 15, 16 and 20 of the said Act and to the registered bye-laws of the 5th respondent, violative of the principles of natural justice and of Articles 14 and 19(1)(c) of the Constitution of India, and to set aside the same and ii) consequently directing the 4th respondent to treat the nomination of the petitioner for the post of Vice-President (APGENCO) as valid, to retain and include his name in the final list of valid nominations and in the ballot papers for the said post, and to permit him to contest the election to the said post scheduled to be held on 15-10-2026 and iii) directing the respondents 1 to 3 to produce before this Honble Court the registered memorandum and bye-laws of the 5th respondent Association (Regd. No.874 of 1975) together with the record of every alteration thereof taken on record by the Registrar under Section 8(5) of the said Act, and to certify whether any alteration containing the clause aforesaid has been so taken on record and directing the respondents 5 and 6 to produce the notice, agenda, attendance, resolutions and minutes of the general body meetings said to have been held on 29-11-2018 and 10-01-2019 IA NO: 1 OF 2026 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 4th respondent to retain and include the name of the petitioner as a valid candidate for the post of Vice-President (APGENCO) in the final list of valid nominations to be declared on 25-09 2026 and in the ballot papers to be issued on 12-10-2026 and 13-10-2026, and to permit him to contest the election to the said post on 15-10-2026, the result of the election to the said post being subject to the result of this Writ Petition IA NO: 2 OF 2026 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 pursuant to the Election Notification 4 Lr.No.Returning Officer/APSEBEA/Elections (2026 28)/D.No.02/2026 dated 09-09-2026 issued by the 4th respondent, including the declaration of the final list of valid nominations, the issue of ballot papers, the polling scheduled on 15-10-2026 and the counting of votes and declaration of results, until the validity of the nomination of the petitioner is determined in accordance with the registered bye-laws of the 5th respondent Association and until further orders of this Hon'ble Court, or, at the least, to stay the said proceedings in so far as they relate to the post of Vice-President (APGENCO) so as to protect the interest of the petition IA NO: 3 OF 2026 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 may be pleased to grant leave to the petitioner to amend the cause title of the petitioner in W.P. No.27879 of 2026 from that shown at para-3 to that shown at para-4 of the accompanying affidavit, and to direct the Registry to carry out the consequential correction of the name and description of the petitioner in the main Writ Petition as well as in the affidavit, verification, vakalat and all the Interlocutory Applications filed therein, and pass Counsel for the Petitioner: PEETA RAMAN Counsel for the Respondents: GP FOR REGISTRATION AND STAMPS The Court made the following order: 5 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27879 OF 2026 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ or order, orders or directions, more particularly one in the nature of Writ of Mandamus i) declaring the action of the 4th respondent in proposing to treat as invalid the nomination of the petitioner for the post of Vice-President (APGENCO) of the 5th respondent Association in the elections for the term 2026-28 notified under Lr.No.Returning Officer/ APSEBEA/Elections(2026-28)/D.No.02/2026 dated 09.09.2026, by his letter Lr.No.Returning Officer/APSEBEA/Elections (2026- 28)/D.No.06/2026 dated 21.09.2026 read with his letters D.No.04/2026 dated 18.09.2026 and D.No.05/2026 dated 21.09.2026, on the strength of para (f)(ix)(c) of the Note to Annexure-II of the said Notification corresponding to clause 8(IX)(d) of the document styled “Constitution of Bye-laws (as approved by 1st General Body Meeting on 29.11.2018 at Visakhapatnam and on 10.01.2019 in the 2nd General Body Meeting held at RTPP, Muddanur)” which is not the registered bye-laws of the 5th respondent and has not been taken on record under Section 8(5) of the Andhra Pradesh Societies Registration Act, 2001, and every action taken in pursuance thereof, as illegal, arbitrary, without jurisdiction, contrary to Sections 8, 12, 15, 16 and 20 of the said Act and to the registered bye-laws of the 5th respondent, violative of the principles of natural justice and of Articles 14 and 19(1)(c) of the Constitution of India, and to set aside the same and ii) consequently directing the 4th respondent to treat the nomination of the petitioner for the post of Vice-President 6 (APGENCO) as valid, to retain and include his name in the final list of valid nominations and in the ballot papers for the said post, and to permit him to contest the election to the said post scheduled to be held on 15-10-2026 and iii) directing the respondents 1 to 3 to produce before this Hon’ble Court the registered memorandum and bye-laws of the 5th respondent Association (Regd. No.874 of 1975) together with the record of every alteration thereof taken on record by the Registrar under Section 8(5) of the said Act, and to certify whether any alteration containing the clause aforesaid has been so taken on record and directing the respondents 5 and 6 to produce the notice, agenda, attendance, resolutions and minutes of the general body meetings said to have been held on 29.11.2018 and 10.01.2019 and pass such other order or orders…..” 2. Learned counsel for the petitioner submits that the present writ petition is filed challenging the action of the returning officer, in rejecting the nomination of the petitioner, who appointed for conducting elections in respect of the 5th respondent-society. He further submits that while conducting election, the 4th respondent being the returning officer acted in contrary to the terms of the by-laws of the 5th respondent which were originally registered with the respondent No.3, on the guise that by-laws were newly amended. Therefore any deviation to the terms of the by-laws which were registered and which were under the custody of the respondent No.3 and passing an order disqualifying or rejecting candidature of the petitioner from contest after filing nominations is erroneous and contrary to the provisions of the Andhra Pradesh Societies Registration Act, 2001 (hereinafter referred to as ‘the Act’). Therefore, the petitioner is entitled to stall the entire elections process as the 7 Returning Officer/respondent No.4 is proceeding arbitrarily and contrary to the terms of by-laws. 3. Heard the learned counsel for the petitioner and perused the material placed on record. 4. The prayer of the petitioner in the writ petition is that to issue a Writ of Mandamus against the action of the Returning Officer, who was appointed to conduct election for electing executive body to the 5th respondent society. Even assuming, in the process of conducting election the respondent No.4 acted contrary to the terms of the by-laws, it cannot be construed an action committed by the respondent No.4 under any statute only, it is as per the terms of the by-laws of the society only. Moreover, it is settled law that any disputes particularly election disputes between the members of the society or association like respondent No.5, such disputes should be resolved before the concerned district Court having jurisdiction by invoking appropriate petition. It is also settled proposition of law that once the elections set in motion, even in respect of society/association, the same cannot be interfered on the guise of deviations to the settled procedure in conducting elections. The said proposition has been consistently recognized by the Hon’ble Apex Court in a celebrated case in N.P. Ponnuswami v. Returning Officer, Namakkal Constituency & Ors1 and in Boddula Krishnaiah & Anr. v. State Election 1 AIR 1952 SC 64 8 Commissioner, A.P., & Ors.2. Therefore, in the instant case, the challenge in the writ petition is only the action of the Returning Officer whose actions were governed in terms of by laws of the 5th respondent society. Therefore, the relief claimed by the petitioner is not amenable before the jurisdiction of this Court under Article 226 of the Constitution of India. Hence, the Writ Petition is not maintainable. However, the petitioner is at liberty to proceed further to invoke jurisdiction of the district court by filing appropriate petition. 5. Accordingly, the present Writ Petition is disposed of, granting liberty to the petitioner to invoke appropriate proceedings before the jurisdictional District Court in accordance with law. It is needless to mention that without influence of any observations as mentioned above, the learned district Court shall proceed on merits for its consideration. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 29.09.2026 BSP/APSK 2 AIR 1996 SC 1595 9 44 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27879 OF 2026 29.09.2026 BSP/APSK