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2026 DAILYLAW 6072 (AP)

BOMMIDI VENKATESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/20338/2026 · 2026-07-23

Kiranmayee Mandava

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010379412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20338 OF 2026 Between: 1. BOMMIDI VENKATESWARA RAO, S/o. B. Krishnayya, Age 65 years, Occupation Fisherman/Vice-President, The Peravali Fishermen Co-operative Society Ltd. (Regd. No. 1-2180), R/o. Peravali Village, Vemuru Mandal, Bapatla District, Andhra Pradesh, Pin code 522261. ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, rep. by its Principal Secretary, Animal Husbandry, Dairy Development and Fisheries Department, Secretariat, Velagapudi, Amaravati. Pin code 522237. 2. The Commissioner of Fisheries, Andhra Pradesh, having office at Bandar Road, Poranki, Vijayawada Pin code 521137. 3. The District Fisheries Officer / Assistant Director of Fisheries, Bapatla District (also Assistant Director of Fisheries, Nizampatnam, having supervisory charge). Pin code 522314. 4. The Election Officer, Jhe Peravali Fishermen Co-operative Society Ltd. (Regd. No. 1-2180), Peravali Village, Vemuru AND Nizampatnam Mandal, Bapatia District. Pin code 522261. 2 5. The Peravali Fishermen Cooperative Society Ltd, (Regd. No. 1-2180), rep. by its Secretary, Peravali Village, Vemuru Mandal, Bapatia District. Pin code 522261. ...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 Certiorari, order or direction, calling for the records relating to the Preliminary Voters' List of the 5th Respondent-Society dated 10.07.2026 published by the 4th Respondent, and quash the same as illegal, arbitrary, without authority of law and unconstitutiona l, being violative of Articles 14, 21 and 300-A of the Constitution of India and violative of the principles of natural justice particularly SI. Nos. Nos. 16 to 27 thereof and 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 to DISPENSE WITH the production of the certified copy of the Preliminary Voter List dated 17.07.2026, accept the photocopy of the same filed in the material papers, and pass 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 direct the Respondents 3 and 4 to consider and dispose of the Petitioners' objections dated 17.07.2026 by a reasoned, speaking order, after affording an opportunity of hearing to the Petitioners, and to thereafter prepare/finalise the voters' list of the 5th Respondent-Society strictly in accordance with the audited membership records for the year 2024-25 and Proceedings Rc.No.2670924/C/2025 dated 07.04.2026, before proceeding further with the election process and pass 3 Counsel for the Petitioner: 1. DEVI REDDY VENU GOPAL REDDY Counsel for the Respondent(S): 1. GP FOR ANIMAL HUSBANDARY The Court made the following Order: Heard Sri Devi Reddy Venu Gopal Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Fisheries appearing for the respondents. 2. The impugned proceedings are challenged on the ground that the respondents have failed to consider the objections submitted by the petitioner to the voters list of the 5th respondent Society, published on 10-07-2026. 3. It is contended that the petitioner is the Vice-President of the 5th respondent Society and their term of office as elected members of the Managing committee expires on 27-09-2026. In the said regard, elections to the Society were proposed and preliminary voters list was published on 10-07- 2026. To the said notice the petitioner has submitted his objections since names of the 18 eligible voters have been removed from the voters list. On the said letter of objections itself, the 4th respondent- Election Officer has endorsed stating that the objections of the petitioner was rejected in terms of the proceedings of the District Fisheries Officer in Rc.No.948/C/2025 dated 13-07-2026. 4. Having regard to the same, the learned counsel for the petitioner submits that the impugned order is a cryptic order does not reflect the 4 reasoning of the authority to reject the objections of the petitioner. The said rejection order defeats the very purpose of calling for objections, as the authority did not even choose to pass an order except to scribble. 5. The learned Assistant Government Pleader for Fisheries submits that the members, for whose cause, the petitioner is contesting this case, are not genuine members of the Society, having regard to the fact that they were not admitted to the membership after following the due procedure prescribed and all of them have been admitted by the Management Committee in a back door method. Thus they are not entitled to participate in the elections. 6. Having regard to the contentions advanced, as observed from the impugned proceedings, the respondent No.4 – Election Officer merely endorsed the same letter submitted by the petitioner, rejecting the objections of the petitioner, without assigning any reasons for such a rejection. The impugned order does not reflect that if the petitioner was given opportunity to make his submission. Having regard to the above, the impugned proceedings are set aside. The matter is remanded back to the respondent No.4 – Election Officer, for passing appropriate orders on the objections of the petitioner dated 17-07-2026, after giving due opportunity of hearing to the petitioner. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Dated: 24-07-2026 Note: Issue CC by today B/o. MSI 6 THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 20338 OF 2026 Dated: 24-07-2026 Note: Issue CC by today B/o. MSI