Daggumalli Dharma Rao, Vs State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

Daggumalli Dharma Rao, Vs State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the action of the 5th respondent-Special Officer in not preparing, publishing and finalising the list of eligible voters (Sl.Nos.3 and 4 of the schedule) and the further action of the Election Officer in not receiving/scrutinising the members' list, not verifying the voters list (Sl.Nos.5 and 6) and proceeding to issue the election notification without complying with those events, contrary to the schedule annexed to the District Collector's order in Rc.No.1442/2023-C dated 09.05.2025, was illegal and arbitrary. +1 more

Ratio / Principle

In view of the joint submission of learned counsel on both sides that elections have been conducted and the cause of action does not survive, the Court held that no orders are required to be passed in the writ petition.

Key takeaways

The Writ Petition is closed, with no order as to costs.ratio¶36
As a sequel, miscellaneous applications, if any, pending in the Writ Petition (including IA No.1 of 2025 under Section 151 CPC) shall stand closed.ratio¶38

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Amaravati), Writ Petition No.14233 of 2025, decided 11.08.2025 by K. Sreenivasa Reddy, J. The petitioner sought a writ of mandamus declaring illegal and arbitrary the failure of the 5th respondent-Special Officer to prepare, publish and finalise the list of eligible voters (Sl.Nos.3 and 4) and the action of the Election Officer in proceeding to issue the election notification without receiving and scrutinising the members' list and verifying the voters list (Sl.Nos.5 and 6), contrary to the schedule annexed to the District Collector's order in Rc.No.1442/2023-C dated 09.05.2025, and prayed for a direction to the Election Officer to issue the election notification after completing those scheduled steps. When the matter was taken up for hearing, learned counsel on both sides jointly submitted that elections had been conducted and the cause of action did not survive. Holding that no orders were required, the Court closed the writ petition with no order as to costs; miscellaneous applications, if any, pending in the writ petition (including IA No.1 of 2025 under Section 151 CPC) stand closed as a sequel. No precedent was cited or discussed.

APHC010282112025

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3327]

MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT

THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY

WRIT PETITION NO: 14233/2025

Between:

DAGGUMALLI DHARMA RAO,, S/O LATE NARIGAIAH, AGED ABOUT 75 YEARS, R/O DAGGUMALLIVARIPALENN, BAPATIA TOWN BAPATIA DISTRICT.

...PETITIONER

AND

STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, COOPERATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

THE COMMISSIONERFOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF ANDHRA PRADESH, GUNTUR.

THE COLLECTOR AND DISTRICT ELECTION AUTHORITY, BAPATIA DISTRICT AT BAPATIA.

THE DISTRICT COOPERATIVE OFFICER, BAPATIA DISTRICT AT BAPATIA.

THE SPECIAL OFFICER FOR DAGGUMALLIVARIPALEM, ADI ANDHRA COOPERATIVE COLLECTIVE FARMING SOCIETY, BAPATIA/ ASSISTANT REGISTRAR, O/O THE SUB-DIVISIONAL COOPERATIVE OFFICER, REPALLE.

THE ELECTION OFFICER, APPOINTED FOR CONDUCTING ELECTIONS TO DAGGUMALLIVARIPALEM ADI ANDHRA COOPERATIVE COLLECTIVE FARMING SOCIETY, BAPATIA/ ASSISTANT REGISTRAR/SUB-DIVISIONAL COOP. OFFICER, BAPATIA, BAPATIA DISTRICT.

THE DAGGUMALLIVARIPALEM ADI ANDHRA COOPERATIVE COLLECTIVE FARMING SOCIETY, REGD.NO.547/1927, DAGGUMALLIVARIPALEM, BAPATIA TOWN, BAPATIA DISTRICT, REP.BY ITS SPECIAL OFFICER/ ASSISTANT REGISTRAR, O/O THE SUB-DIVISIONAL COOPERATIVE OFFICER, REPALLE.

SMT K LALITHA KUMARI, ASSISTANT REGISTRAR/SUB-

2

DIVISIONAL COOP. OFFICER, BAPATIA, BAPATIA DISTRICT APPOINTED ELECTION OFFICER FOR CONDUCTING ELECTIONS TO DAGGUMALLIVARIPALEM ADI ANDHRA COOPERATIVE COLLECTIVE FARMING SOCIETY, BAPATIA.

...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 tomay be pleased to issue any writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 5th respondent-Special Officer in not preparing list of eligible voters list and its publication and in not inviting objections and finalising the voters list, as scheduled at SI.No.3 and 4 of the schedule annexed to the order of the 3rd respondent- collector in Rc.No.1442/2023-C, dated 9.5.2025 and further action of the 6 respondent-Election Officer in not receiving the list of members eligble and scrutinising and verifying of voters list as scheduled at SI.No.5 and 6 of the said schedule to the order dated 9.5.2025 and further action of the Election Officer in proceeding to issue election notification without complying the above events as illegal, arbitrary. violative of the orders of the District Collector, violative of Article 14 of the Constitution of India and contrary to the provisions of the Act1964 and consequently direct the 6th respondent-election officer to issue election notification to conduct elections to the Society after complying the events scheduled at SI.Nos.3 to 6 of the schedule annexed to the order of the District Collector dated 9.5.2025 and pass

IA NO: 1 OF 2025

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 direct the 6*'' respondent-Election Officer to issue election notification to conduct elections to the Society after complying the events scheduled at SI.Nos.3 to 6 of the schedule annexed to the order of the District Collector in Rc.No.1442/2023-C, dated 9.5.2025, pending disposal of the writ petition and to pass

Counsel for the Petitioner:

1.KOCHIRI RAJA SHEKAR

Counsel for the Respondent(S):

1.P VARA PRASAD RAO

2.GP FOR COOPERATION

The Court made the following:

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION No.14233 of 2025

ORDER:

This Writ Petition has been filed to declare the action of 5^th respondent-Special Officer in not preparing list of eligible voters and its publication and in not inviting objections and finalizing the voters list as scheduled at Sl. Nos.3 and 4 of the schedule annexed to the order of the 3rd respondent-collector in Rc.No.1442/2023-C, dated 09.05.2025 and further action of the Election Officer in not receiving the list of members eligible and scrutinizing and verifying of voters list as scheduled at Sl. Nos.5 and 6 of the said schedule to the order dated 09.05.2025 and further action of the Election Officer in proceeding to issue election notification without complying the above events as illegal and arbitrary.

When the matter is taken up for hearing, learned counsel on both sides submit that elections have been conducted and the cause of action does not survive in the present writ petition. In view of the said reasons, no orders are required to be passed in this case.

Accordingly, the Writ Petition is closed. No order as to costs.

As a sequel thereto, the miscellaneous applications, if any, pending

in this Writ Petition shall stand closed.

K. SREENIVASA REDDY, J.

Date: 11.08.2025 sj

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220

HON’BLE SRI JUSTICE K. SREENIVASA REDDY

Writ Petition No.14233 of 2025

Date: 11.08.2025

sj