TADEM SATISH Vs. DISTRICT COLLECTOR NALGONDA

JUDGEMENT

(1.) The petitioners claim to be the Members of the Fishermen Co-operative Society, Pangall Village, Nalgonda District, the third respondent herein. They assail the letter, dated 24-03-2007. issued by the Deputy Director of Fisheries, 4th respondent herein, and seek a consequential direction to the Election Officer, second respondent herein, to permit them to participate in the election, which is scheduled to be held on 19-04-2007. The term of the Managing Committee of the third respondent-Society expired on 28-03-2007. Well in advance, the Election Authority i.e., the first respondent, issued proceedings, dated 06-03-2007 appointing the second respondent as Election Officer and fixing the election programme. A direction was issued, to conduct the election through secret ballot system. Accordingly, the second respondent issued proceedings, dated 14-03-2007 fixing the election programme. He also requested the President of the Society, to furnish the voters' list and other relevant records of the Society, within seven days.

(2.) The President of the Society furnished the voters' list, containing the names of 930 members. Correspondence ensued between respondents 2 and 4 and ultimately, the voters' list was prepared, which contained 379 names. The grievance of the petitioners is that the second respondent ignored the valid voters' list furnished by the President of the Society and in utter contravention of Rule 22 of the A.P. Co-operative Societies Rules, 1964 (for short 'the Rules'), he prepared voters' list. excluding not only their names but also that of more than 500 members. It is alleged that the said action of the second respondent is traceable to the impugned letter addressed by the 4th respondent

(3.) On behalf of respondents 1, 2 and 4, a counter affidavit is filed. It is stated that the President of the Society did not furnish the voters' list within the stipulated time. The 4th respondent is said to have addressed the impugned letter, in view of the prevailing uncertainty, as to the admission of members in the year 2005. The respondents contend that the voters' list was prepared, after due verification of the records and that the election programme, which has already commenced, cannot be stalled, at this stage. Respondents 5 to 15 got themselves impleaded and opposed the relief claimed by the petitioners.