SOMA VENKATA RAO Vs. VELAMURI CHINA AYYAPA REDDY

JUDGEMENT

(1.) THIS Writ Petition is filed for a Certiorari to quash O.P.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 O.P.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. I have carefully considered the respective submissions of the learned counsel for the parties. Section 61 of the Act deals with settlement of disputes. Sub-section 3 thereof envisages that every dispute relating to, or in connection with, any election to a committee of a society shall be referred for decision of the Tribunal having jurisdiction over the place where the main office of the society is situated, whose decision thereon shall be final. Under Sub-section-4 thereof, such dispute shall be raised only after the date of declaration of the result of the election.