ANKARMAGARI ANJI REDDY Vs. GAJJALA YELLA REDDY

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned single Judge dated August 2,1988 whereby the learned Judge dismissed the writ petition filed by the appellant-petitioner. The writ petition itself was directed against the order dated 7-4-1988 passed by the District Munsif, Ibrahimpatnam. The dispute before the District Munisf related to the election of President of the Primary Agricultural Cooperative Credit Society, Mangalpallipatel guda village, Ibrahimpatnam Mandal, Ranga Reddy District. The learned District Munsif has directed re-count of votes. The writ petition was filed by the elected candidate challenging the order of the District Munsif ordering recount.

(2.) One of the submissions made by the learned counsel for the appellant for quashing the order of the District Munsif was that an election petition could not directly be filed by a candidate before the District Munsif, but he should have referred the election dispute to a Registrar, and only the Registrar could refer that dispute for adjudication by the District Munsif. This submission did not find favour with the learned single Judge- The learned single Judge, on a consideration of Section 61 of Andhra Pradesh Co-operative Societies Act, 1964 (herein after referred to as 'the Act'), has taken the view that an election dispute can be referred by the aggrieved party to the District Munsif straightaway, instead of the dispute being first referred to the Registrar under the Act.

(3.) Section 61 of the A. P. Co-oprative Societies Act. 1964, as it was originally enacted, may be noticed first. Section 61 reads :