SOMA VENKATA RAO Vs. VELAMURI CHINA AYYAPA REDDY

JUDGEMENT

(1.) THIS writ petition is filed for a certiorari to quash OP No.20 of 2013 pending on the file of the Andhra Pradesh Co-operative Tribunal, Vijayawada (for short 'the, Tribunal') and declare that the Tribunal has no jurisdiction to entertain the said O.P. as an election dispute.

(2.) PETITIONER Nos.1 to 3 were elected as President, Vice-President and Director, respectively, of the Gurajala Primary Agricultural Co-operative Society (for short 'the society') in the recent elections. Respondent Nos.1 to 4, who are unsuccessful in the said elections, filed an election petition under Section 61(3) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act') before the Tribunal. The said election petition was entertained by the Tribunal and registered as OP No.20 of 2013. Questioning the jurisdiction of the Tribunal, the petitioners filed this writ petition.

(3.) THE learned Government Pleader for Co-operation has opposed the above submissions and stated that since the petitioners are allegedly ineligible for being elected, such a dispute will constitute an election dispute.