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2026 DAILYLAW 19559 (AP)

Marisetty Suryanarayana v. The State of Andhra Pradesh

WP/8025/2026 · 2026-03-30

Nyapathy Vijay

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010154002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8025/2026 Between: 1. MARISETTY SURYANARAYANA, S/O VEERANNA, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. D.NO. 2-21, SUBHADRAMPETA VILLAGE, RANGAMPETA MANDAL, RAJAMAHENDRAVARAM DISTRICT, ERSTWHILE EAST GODAVARI DISTRICT-533291 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT BUILDINGS, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522241. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT RAJAMAHENDRAVARAM-533101. 3. THE JOINT DIRECTOR, FISHERIES DEPARTMENT, EAST GODAVARI DISTRICT-533101 4. THE DISTRICT COOPERATIVE OFFICER, EAST GODAVARI AT RAJAMAHENDRAVARAM -533001 5. P KRISHNAVENI, W/O NOT KNOWN TO THE PETITIONER, AGE 40 YEARS, OCC FISHERIES ASSISTANT INSPECTOR, KOVVURU, KAKINADA DISTRICT, ERSTWHILE EAST 2 GODAVARI 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 or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents herein particularly Respondent No.2 in not taking any action against the Respondent No.5 who had postponed the election of Doddigunta Fishermen Cooperative Society which is scheduled to be conducted on 05.03.2026 as per the notification issued by the Respondent No.2 vide Progs.No. 564/A3/2025, Dt.31.01.2026 without there being any objection and when the petitioner is about to be declared as President of the Doddigunta Fishermen Cooperative Society despite receipt of complaint on 09.03.2026 as nothing but illegal, arbitrary, erroneous and violative of Articles 14 and 21 of The Constitution of India and consequently direct the Respondent No.2 to take necessary action against the Respondent No.5 who had postponed the election on 05.03.2026 with regard to Doddigunta Fishermen Cooperative Society, Rangampeta, East Godavari District 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 Respondent Nos.2 to 5 to produce the entire records pertaining to the election schedule to be conducted on 05.03.2026 with regard to Doddigunta Fishermen Cooperative Society, Rangampeta, East Godavari District, pending disposal of the above Writ Petition Counsel for the Petitioner: 1. A K KISHORE REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR FISHERIES 3 The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.8025 of 2026 ORDER: 1. The present Writ Petition is filed questioning the inaction of Respondent No.2 against Respondent No.5 for not conducting the election as per the election notification dated 31.01.2026, as illegal and arbitrary. 2. The Petitioner is a member of Doddigunta Fishermen Cooperative Society, which is registered under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964. The District Collector has issued election notification on 31.01.2026 vide Proceedings No.564/A3/2025, to conduct elections for the Fishermen Cooperative Societies in East Godavari District. 3. As per the election notification, the election for the Fishermen Cooperative Society of Doddigunta Village was scheduled to be conducted on 05.03.2026 in Phase-I. While so, the persons aspiring to be elected had submitted nominations and out of the 19 nominations, one nomination was rejected. This rejection lead to a law and order issue on the date of election and the election officer deferred the election. The Petitioner had submitted a complaint on 09.03.2026 to Respondent No.2 5 regarding the deferment of the elections. However, no action was taken thereon. Hence, the present Writ Petition is filed. 4. Learned counsel for the Petitioner submits that the elections to all the Fishermen Cooperative Societies in the district were completed in four phases, and there is no reason to keep the elections to the Society of the Petitioner in abeyance. 5. Learned Assistant Government Pleader on instructions submitted that elections had to be deferred on the scheduled day as there was a law and order issue, and steps will be taken to conduct the elections for the Society of the Petitioner as expeditiously as possible. 6. Considering the submissions, the Writ Petition is disposed of, with the following directions:- (i). Respondent No.2 is directed to conduct the elections to the Doddigunta Fishermen Cooperative Society, after taking necessary police protection, as expeditiously as possible, preferably within a period of two (02) weeks from the date of receipt of a copy of this order. (ii). No order as to costs. 6 As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 31.03.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 53 WRIT PETITION No.8025 of 2026 Dated: 31.03.2026 chs