YETURU SIRISH REDDY Vs. P.PATAHYA NAIK

JUDGEMENT

(1.) This Writ Petition is filed for a Certiorari to quash Order, dated 08-02- 2012, in IA.No.197 of 2010 in OPSR.No.206 of 2010, on the file of the A.P.Co- operative Tribunal, Hyderabad (for short 'the Tribunal').

(2.) The petitioner claims to be a member of respondent No.2- Rajiv Co- operative House Building Society. He has filed the above-mentioned OP challenging the election held to the Managing Committee of respondent No.2. Along with the OP, the petitioner filed IA.No.197 of 2010 for condonation of delay of 400 days in filing the said OP. The Tribunal dismissed the said application, by holding that the petitioner failed to explain the delay caused in filing the said OP within the reasonable time after holding the election with cogent and satisfactory reasons and that therefore, there are no justifiable reasons to condone the enormous delay in filing the election petition.

(3.) When this Writ Petition came up for hearing before this Court on 10-07- 2012, this Court has called upon the learned Counsel for the petitioner to apprise on the competency of the Tribunal to condone the delay in the face of the prescription of specific time limit by the statute for filing election petitions. Today, the learned Counsel submitted that the petitioner was not aware of the election as the same was held without notice to him and that therefore, he could not file the OP within the time stipulated in Rule 49-B of the A.P.Co-operative Societies Rules, 1964 (for short 'the Rules').