Dismissed

Avvaru Mallikarjuna Rao S/o. Kotaiah v. Munagapati Lakshmi Narasimha Rao, S/o. Govindu

Telangana HC1 Oct 2015WA/892/2015

Case brief

AI extract

What is this about?

The Court dismissed the writ appeals challenging the illegal conduct of elections to the Managing Committee of Weavers Cooperative Society. References to the Andhra Pradesh Cooperative Societies Act were considered but the appeals were dismissed relying on the Single Judge's examination of Rule 22-C of the 1964 Rules.

What did the court decide?

The writ appeals were dismissed; the impugned common order of 19.08.2015 stands affirmed.

Avvaru Mallikarjuna Rao S/o. Kotaiah Vs Munagapati Lakshmi… — Election Law | Telangana HC (2015)

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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE

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AND

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THE HON’BLE SRI JUSTICE S.V. BHATT

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W.A.Nos.885, 889 & 892 OF 2015

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COMMON ORDER: (Per the Hon’ble Sri Justice S.V.Bhatt)

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Heard learned counsel appearing for the parties.

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The writ appeals are directed against the common order dated 19.08.2015 in W.P.Nos.25778, 22363 and 26225 of 2015.

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The writ appeals are at the instance of Bandaru Janardhan Rao, who is petitioner in W.P.No.25778 of 2015, respondent No.5 in W.P.No.22363 of 2015 and one of the appeals is filed with the leave of the Court.

¶9

The appellant herein as petitioner in W.P.No.25778 of 2015 prayed for Mandamus declaring the conduct of election to the Managing Committee of Weavers Cooperative Society, as illegal and contrary to Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’). The other two writ petitions are filed by unofficial respondents in the other two writ appeals challenging Memo Nos. 8366 & 8367/Pex.2/2015 dated 24.04.2015.

¶10

At the outset, we consider it useful to excerpt Memo No.8367/Pex.2/2015 dated 24.04.2015 for narrowing down the controversy.

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“GOVERNMENT OF ANDHRA PRADESH

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INDUSTRIES AND COMMERCE (TEXTILES) DEPARTMENT

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Memo No.8367/Tex.2/2015 Dt.20.4.2015.

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Sub: Handloom Industry – Sri Jagadamba Handloom Silk Weavers Co-operative Society Ltd., Desaipeta, Vetapalem (M), Prakasam District, Ongole - Certain allegations on Voters List etc. – Reg.

¶15

Ref: 1 . District Collector, Prakasam Proceedings No.363/2015/G, Dt.6-4-2015.

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2. Representation of Sri Bandaru Janardhana Rao and others, Sri Jagadamba Handloom Silk Weavers Cooperative Society Ltd., Desaipeta, Vetapalem (M), Prakasam District, Ongole submitted to Hon’ble M (BCW) and Handlooms received in endorsement number 660/M(BCW)& E, H & (Excise)/15, dated 14.04.2015.

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The attention of the District Magistrate and District Election Authority, Prakasam is invited to the reference 2^nd cited (copy enclosed) and he is informed that it is represented that the admissions in the Sri Jagadamba Handloom Silk Weavers Cooperative Society Ltd., Desaipeta, Vetapalem (M), Prakasam District, Ongole are admitted illegally without following the due procedure. Hence, the operations of the proceedings dated 6.4.2015 issued vide reference 1^st cited is hereby stayed, until further orders.

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2. He is also required to enquire into the matter and submit his detailed report within a fortnight.

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S.S.RAWAT

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SECRETARY TO GOVERNMENT”

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At the time of hearing, it is admitted by all the learned counsel appearing for the parties that the election notification is issued and the elections are scheduled to he held on 01.10.2015. For all purposes, the grievances, if any, could be subject matter of election petition before the competent forum. We have perused the order of learned Single Judge impugned in the appeal. In our view, the learned Single Judge has examined the scope of Rule

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22-C of the Andhra Pradesh Cooperative Societies Rules, 1964 in right perspective and passed the impugned common order dated 19.08.2015. No valid ground is canvassed against the findings recorded by the learned Single Judge. Hence, we are inclined to dismiss the appeals on this short ground alone.

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It is made clear that the dismissal of appeals shall not be understood as expressing any view on the inclusion of any person as member of Weavers Cooperative Society or the preparation of electoral roles by the Election Officer. If any election petition is maintained by the aggrieved party, it is for the competent Tribunal to consider and adjudicate the disputes.

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Writ appeals are, accordingly, dismissed.

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Consequently, miscellaneous petitions, if any pending, also stand disposed of.

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DILIP B. BHOSALE, ACJ

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S.V.BHATT, J

¶28

Date: 01.10.2015 Lrkm

Avvaru Mallikarjuna Rao S/o. Kotaiah v. Munagapati Lakshmi Narasimha Rao, S/o. Govindu

Case brief

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Avvaru Mallikarjuna Rao S/o. Kotaiah v. Munagapati Lakshmi Narasimha Rao, S/o. Govindu

Case brief

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What the court decided

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