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High Court of Andhra Pradesh · body

2026 DAILYLAW 6444 (AP)

U PRABHAKAR v. THE STATE OF ANDHRA PRADESH

WP/20668/2026 · 2026-07-26

Harinath N

body2026

Judgment text

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APHC010386332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20668/2026 Between: 1. U PRABHAKAR, S/O U.NARASANNA AGED ABOUT 37YEARS, AGRICULTURIST,PRESIDENT, EXISTING COMMITTEE OF THE PEDDAKADUBUR HARIJANA COOPERATIVE JOINT FARMING SOCIETY LTD., Y.Y. NO.201, RIO PEDDAKADUBUR VILLAGE AND MANDAL,KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, COOPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.522238 2. THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, , ANDHRA PRADESH, GUNTUR. 522506 3. THE DISTRICT COLLECTOR AND DISTRICT ELECTION AUTHORITY, KURNOOL DISTRICT, KURNOOL 518001 4. THE DISTRICT COOPERATIVE OFFICER, KURNOOL DISTRICT ,KURNOOL-518001 5. THE DIVISIONAL COOPERATIVE OFFICER, ADONI. KURNOOL DISTRICT- 518001 6. THE SENIOR INSPECTOR, OFFICE OF THE SUB-DIVISIONAL COOPERATIVE OFFICER, PATHIKONDA, ELECTION OFFICER, THE PEDDAKADUBUR CJFS LTD., Y.Y.NO.201, PEDDAKADUBUR. VILLAGE AND MANDAL ,KURNOOL DISTRICT-518323 ...RESPONDENT(S): 2 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 an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in proceeding with the election to the Managing Committee of The Peddakadubur Cooperative Joint Farming Society Ltd., Reg. No. Y.Y. No.201, Peddakadubur, Kurnool District, pursuant to the election notification dated 11.06.2026 and the Election Notice issued by the 6th respondent, without considering the petitioner's representation dated 22.06.2026 and despite the inclusion of deceased, overdue/defaulter, non-local and other ineligible persons in the final electoral roll, as illegal, arbitrary, violative of the provisions of the Andhra Pradesh Co-operative Societies Act, 1964, the Andhra Pradesh Co-operative Societies Rules, 1964, the registered Bye-laws of the Society, and Article 14 of the Constitution of India, and consequently set aside the impugned election process, direct the respondents to conduct a proper enquiry into the objections raised by the petitioner, prepare and publish a fresh electoral roll strictly in accordance with the Act, Rules and Bye-laws after deleting all ineligible voters and including all eligible members, and thereafter conduct fresh elections in accordance with law, 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 pleased to suspend all further proceedings pursuant to the election notification dated 11.06.2026 and the Election Notice issued by the 6th respondent, including polling, counting and declaration of results relating to The Peddakadubur Cooperative Joint Farming Society Ltd., Reg. No. Y.Y. No.201, and consequently restrain the respondents from proceeding with the election until a fresh electoral roll is prepared in accordance with law, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. B SURYANARAYANA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR COOPERATION The Court made the following: 3 ORDER : 1. The petitioner is aggrieved by the action of the respondent authorities in proceeding with the conduct of elections to the Managing Committee of the Peddakadubur Cooperative Joint Farming Society Limited. Respondent No.3 issued proceedings dated 11.06.2026 appointing an Election Officer to conduct the election by secret ballot on 04.08.2026. The schedule of the election programme has also been released. 2. The learned counsel for the petitioner submits that, by way of a representation dated 22.06.2026, the petitioner brought to the notice of respondent No.3 that several ineligible voters had been included in the final voters' list and that there were errors in the names of certain voters and their fathers' names, which required correction. It is further submitted that, despite receipt of the said detailed representation, respondent No.3 has commenced accepting nominations today without considering the same. 3. The learned Assistant Government Pleader appearing for respondent Nos.3 to 5 submits that the election notification was issued on 11.06.2026 and that the election process cannot be stalled at the behest of the petitioner. However, it is submitted that the grievance of the petitioner, insofar as it relates to the rectification of errors in the voters' list, shall be looked into by respondent No.3. 4. Recording the said submission, the writ petition stands disposed off, with a direction to respondent Nos.3 to 5 to verify the petitioner's 4 representation and take such necessary steps as may be required, in accordance with law. 5. With the above observations the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 27.07.2026 CMK Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑ 5 101 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20668/2026 27.07.2026 CMK