APHC010025412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1722/2026 Between: 1. JYOTHI TIRUPAL, S/O. VENKAIAH, AGED ABOUT 56 YEARS, OCCU MEMBER IN- CHINAKRAKA FISHERMEN CO-OPERATIVE SOCIETY-F25, (G.NO.538), CHINAKRAKA VILLAGE, JALADANKI MANDAL, S.P.S.R. NELLORE DISTRICT, PIN 524223. 2. MUKKU MOHAN RAO,, S/O. MALAKONDAIAH, AGED ABOUT 59 YEARS, OCCU MEMBER IN- CHINAKRAKA FISHERMEN CO-OPERATIVE SOCIETY-F25, (G.NO.489), CHINAKRAKA VILLAGE, JALADANKI MANDAL, S.P.S.R. NELLORE DISTRICT, PIN 524223. 3. 3. VATTIKALA MALYADRI,, S/O. MALAKONDAIAH, AGED ABOUT 60, OCCU MEMBER IN- CHINAKRAKA FISHERMEN CO-OPERATIVE SOCIETY-F25, (G.NO.228), CHINAKRAKA VILLAGE, JALADANKI MANDAL, S.P.S.R. NELLORE DISTRICT, PIN 524223. 4. GONE SUBBA RAO,, S/O. TIRUPALU, AGED ABOUT 57 YEARS, OCCU MEMBER IN- CHINAKRAKA FISHERMEN CO-OPERATIVE SOCIETY-F25, (G.NO.35), CHINAKRAKA, ANNAVARAM VILLAGE, JALADANKI MANDAL, S.P.S.R. NELLORE DISTRICT, PIN 524223 2 5. DHARA MALAKONDAIAH, YANADAIAH, AGED ABOUT 52 YEARS, OCCU MEMBER IN- CHINAKRAKA FISHERMEN CO-OPERATIVE SOCIETY-F25, (G.NO.46), ANNAVARAM VILLAGE, JALADANKI MANDAL, S.P.S.R. NELLORE DISTRICT, PIN 524223 6. 6. VELPULA MADHU, S/O. CHINA KONDAIAH, AGED ABOUT 42 YEARS, OCCU MEMBER IN- CHINAKRAKA FISHERMEN CO-OPERATIVE SOCIETY-F25, (G.NO.630), ANNAVARAM VILLAGE, JALADANKI MANDAL, S.P.S.R. NELLORE DISTRICT, PIN 524223. 7. MUKKU JAYA RAMAIAH, S/O. RAMACHANDRAIAH, AGED ABOUT 60 YEARS, OCCU MEMBER IN- CHINAKRAKA FISHERMEN CO-OPERATIVE SOCIETY- F25, (G.NO.491), CHINAKRAKA VILLAGE, JALADANKI MANDAL, S.P.S.R. NELLORE DISTRICT, PIN 524223 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, ANIMAL HUSBANDRY AND FISHERIES DEPARTMENT, VELAGAPUDI, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. 2. THE COMMISSIONER, FISHERIES, PORANKI, VIJAYAWADA, KRISHNA DISTRICT, STATE OF ANDHRA PRADESH, PIN521137. 3. 3. THE DISTRICT COLLECTOR, S.P.S.R. NELLORE DISTRICT, NELLORE. 4 4. DEPUTY DIRECTOR OF FISHERIES F A C, EX-OFFICIO- JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (FISHERIES) S.P.S.R.NELLORE DISTRICT, NELLORE. 5. ASSISTANT DIRECTOR OF FISHERIES, EX-OFFICIO- DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES 3 (FISHERIES), NEAR BASHYAM SCHOOL, KAVALI, S.P.S.R. NELLORE DISTRICT.. 6. CHINAKRAKA FISHERMEN COOPERATIVE SOCIETYF25, REPRESENTED BY ITS PERSON-IN- CHARGE- AND FISHERIES DEVELOPMENT OFFICER, CHINAKRAKA VILLAGE JALADANKI MANDAL, S.P.S.R. NELLORE 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 topleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus Contd 2 declaring the action of the Respondents 2 to 4 in not conducting the election to the Managing Committee of the 6th respondent society as illegal, arbitrary and contrary to Section 31 (2) (b) of the A.P. Co-operative Societies Act, 1964 even though the term of the earlier Managing Committee of the 6th respondent society was completed by 05.01.2025 apart from Article 14 of the Constitution of India and consequently direct the Respondent 2 to 4 to conduct election to the Managing Committee of the respondent society forth with and to pass 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 pleased to direct the Respondents 2 and 4 to consider the Representations, Dt.27.01.2025 and 02.09.2025 given by the petitioners one, two and five apart from other members of the 6th respondent society and pass Counsel for the Petitioner(S): 1. G VIJAYA BABU 4 Counsel for the Respondent(S): 1. GP FOR FISHERIES The Court made the following: 5 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.1722 of 2026 O R DE R: The present Writ Petition is filed questioning the inaction of Respondent Nos.2 to 4 in not conducting elections to Respondent No.6/Society, as illegal and arbitrary. 2. The Petitioners are members of Respondent No.6/Society (herein after referred as ‘the Society’), which was registered on 03.01.1976. The grievance of the Petitioners is that, without conducting the elections, as required, the Statement Government appointed a Person-In-Charge on 05.01.2025 to manage the affairs of the Society for a period of six (06) months and though the said term was expired, neither the term of Person-In-Charge is extended nor the election to the Managing Committee of the Society was conducted. 3. Learned Assistant Government Pleader on instructions submits that steps will be taken to conduct the election, in accordance with the Society. 6 4. Considering the submissions, the Writ Petition is disposed of with the following directions:- (i) The Respondents are directed to conduct elections to the Respondent No.6/Society, as expeditiously as possible, after verifying the genuineness of the members in terms of G.O.Ms.No.74 DD & F (F.II) Department, dated 21.10.2011. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 22.01.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 63 WRIT PETITION NO:1722/2026 Dt. 22.01.2026 chs