Disposed

Gubba Ravi v. The State of Telangana

Telangana HC10 Oct 2023WP/27311/2023

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition seeking mandamus for conducting delayed elections to a Fishermen Cooperative Society. The court directed respondent authorities to issue a fresh notification and complete the election process within eight weeks.

What did the court decide?

Directions issued to respondent authorities to conduct elections for the governing body of the 5th respondent society within eight weeks by issuing a fresh notification.

Gubba Ravi Vs The State of Telangana — Cooperative Societies | Telangana HC (2023)

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[320e 1

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HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TENTH DAY OF^OCTOBER TWO THOUSAND AND TWENW^THREE

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PRESENT

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THE HONOURABLE DR. JUSTICE^{CHILLAKUR SUMALATHA}

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WRlT PETITION NO:27311 OF²⁰²³

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Between:

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Gubba Ravi, S/o Narsaiah,^{agedabout40 years, Occ} ;^{Fishermen, No.2-71,} Masanpalli Village, Gundala Mandal,^{Yadadri BhuvanagiriDistrict.}

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.....PETITIONER

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AND

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'1 . The State of Telangana, rep. by its Principal Secretary, Fisheries Department Secretariat, Hyderabad.

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The District Collector, Yadadri^{BhuvanagirDistrict.}

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The District Fisheries Officer, Yadadri^{BhuvanagiriDistrict.}

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The Senior lnspector/Election^{Officer Fishermen Co-op. Society, Masanpally} Gundala Mandal, Yadadri Bhuvanagiri^District.

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Fishermen Co-op. Society, rep.^{by its President Gubba Veeraiah, Masanpalli} Village, Gundala Mandal, Yadadri Bhuvanagiri^District.

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.....RESPONDENTS

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Petition Under Article 226 of the Constitution^{of lndiaprayingthat in the} circumstances stated in the affidavit^{filedtherewith, the High Courtmay be} pleased to issue an appropriate Writ, Order or Direction, more^{particularlyone in} the nature of Writ of Mandamus, to^{declarethe action of the respondent} authorities in not conducting the^{elections to the Sth respondentsociety as per} the Election Notification Rc.No. 04/2020-FMCS/M^{dated 01-09-2023 whichwere} scheduled on 06-09-2023, without^{any proper reason,as being illegal, arbitrary'} unjust and unconstitutiona^l.

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l.A.NO:'f OF 2023

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Petition Under Section 151 CPC^{praying that in the circumstancesstated} in the affidavit filed in support of^{the petition,the High Court may be pleasedto}

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pass orders directing the respondent authorities to forthwith conduct the elections to the 5th respondent society,^pending disposal of the main writ petition.

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Counsel for the Petitioner : SMT P.VIJAYA LAKSHMI

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Counsel for the Respondent Nos.l to 4: Ms. P.SUMALATHA, AGP FOR FISHERIES

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Counsel for the Respondent No.5 : --

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The Court made the following ORDER

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HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION No.27311 of 2023

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ORDER

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Heard Smt.P.Vrjaya Lakshmi, learned counsel for the Writ Petitioner as well as Ms.P.Sumalatha, learned Assistant Government Pleader for Fisheries, who is representing Respondent Nos. I to 4.

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In the light of the limited relief sought for, issuance of notice to Respondent No.5 is felt not necesszry.

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This Writ Petition is filed seeking the Court to declare the inaction of Respondent Nos. I to 4 in conducting elections to the Sth respondent-Society as per the Election Notification vide Rc.No.04/2O2O-FMCS/M dated 01.O9.2O23, which were scheduled on 06.09.2023 without any proper reason, as illegal and arbitrary.

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Making her submission with regard to merits of the matter, learned counsel for the petitioner states that the term of governing body for any Fishermen Cooperative Society is only five years and thus, for Election of governing body to the 5th respondent-Socie ty, atr Election Notification was issuecl on

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01.O9.2023. Learned counsel states that though, in -t?

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,i !.r_:.,.

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DT.CSL,J W.P.No.27311of 202j

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pursuance of the said Notification, Elections were scheduied on 06.09.2023, the said Elections were not held and no steps are taken for conducting fresh Elections and therefore, the present Writ Petition is filed.

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Learned Assistant Government Pleader for Fisheries states that though Election Notification was issued and Election was scheduled to be held on 06.09.2023, in the light of disturbance to law and order situation, Elections could not be conducted and fresh Notification would be issued shortlv.

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Considering the submissions thus made and as there is no dispute that Elections are required to be held, the Writ Petition'is disposed of with the following direction:-

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Respondent l[os. ] to 4 are directed to take steps to conduct Elections for Election of the Gouerning Bodg to the Sth Respondent's Society bg issuing a fresh Notification and conduct Elections in pursuance of the said Notification. The entire process be completed u-tithin a peiod of eight Lueeks from the date of this order. TLrcre shall be no order as lo costs

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Dt.CSL) W-P.No.27311 of 2023

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,.'

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Miscellaleous petitions pending, if any, shall stand

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closed

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SD/-MOHD. SANAULLAH ANSARI ASSISTANT REGIS,TRAR

//TRUE COPY// I

SECTION OFFICER

The Principal Secretary, Fisheries Department Secretariat, State of Telangana at Hyderabad.

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The District Collector, Yadadri Bhuvanagir District.

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The District Fisheries Officer, Yadadri Bhuvanagiri District.

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The Senior Inspector/Election Officer Fishermen Co-op. Society, Masanpally Gundala [Vlandal, Yadad ri Bhuvanagiri District.

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The President, Fishermen Co-op. Society, Gubba Veeraiah, Masanpalli Village, Gundala Mandal, Yadadri Bhuvanagiri District.

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Two CCs to GP For Fisheries, High Court forthe State of Telangana. [OUT]

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One CC to Smt P.Vijaya Lakshmi, Advocate [OPUC]

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Two CD Copies

C.C. TODAY

HIGH COURT

DT.CSL,J

DATED:1011012023

yra S.IAt
Q:
.) 12 tili :iu'l

ORDER

WP.No.27311 of 2023

DISPOSING OF THE W.P

WITHOUT COSTS.

@
M
( \o,o

Gubba Ravi v. The State of Telangana

Case brief

What is this about?

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Gubba Ravi v. The State of Telangana

Case brief

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