K SRINIVASULU Vs. DISTRICT COLLECTOR NALGONDA

JUDGEMENT

(1.) The only and important question that is to be decided in this writ petition is, whether the election dispute can be raised before the Dictrict Munisiff as per the unamended sub-section (3) of Section 61, or before the Tribunal after amendment of the said sub-section of A.P. Co-operative Societies Act, 1964 (for short hereinafter referred to as 'the Act').

(2.) The factual matrix is that the petitioner was the elected President of the Gudibanda Fishermen Co-operative Society. The 4th respondent is the candidate who lost the election. Hence he filed O.P.No.22/2001 on 24-12-2001 before the Junior Civil Judge, Kodad and eventually the O.P. was allowed, resulting in filing of the writ petition.

(3.) The learned counsel appearing for the petitioner Sri B. Srinivasa Rao assailing the impugned judgment, mainly contended that the Junior Civil Judge has no jurisdiction to entertain the election dispute after the amendment to sub-section (3) of Section 61 of the Act, which came into force with effect from 25-4-2001. He submitted that since the O.P. was filed on 24-12-2001, the Junior Civil Judge ought not have entertained the election dispute, inasmuch as by virtue of the amendment, the jurisdiction conferred upon him was taken away and it was conferred on the Tribunal. He submitted that since the judgment was passed without jurisdiction, it is a nullity and the same is liable to be set aside.