Andhra Pradesh High Court – Amravati
Lanke Veeraju, vs The State Andhra Pradesh, on 7 April, 2025
APHC010165802025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
MONDAY ,THE SEVENTH DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 8759/2025
Between:
1. LANKE VEERAJU,, S/O. LANKE ANJANEYULU, MALE, AGED 31
YEARS, R/O. H.NO.2-120, DONGARAVIPALEM PENUGONDA
MANDAL, WEST GODAVARI DISTRICT.
2. LANKE PALLAPARAJU,, S/O. LANKE KRISHNA MURTHY, MALE,
AGED 37 YEARS, R/O. D.NO.2-124, DONGARAVIPALEM
PENUGONDA MANDAL, WEST GODAVARI DISTRICT.
3. VATHADI BHASKARA RAO,, S/O. GOVINDA RAJU, MALE, AGE 80
YEARS, R/O. H.NO. 1-19, AVAKURU, KALADIDNI RURAL,
PRODDUVAKA KRISHNA DISTRICT.
4. VATHADI CHIRANJEEVI,, S/O. ARJUNA RAO, MALE, AGE 35
YEARS, R/O. RAVIPHAD, JANPAHAD SURYAPET DISTRICT,
TELANGANA.
5. LANKE PRABHAKAR RAO,, S/O. LANKE ANJANEYULU, MALE, AGE
36 YEARS, R/O. D.NO.2-120, DONGARAVIPALEM, PENUGONDA
MANDAL, WEST GODAVARI DISTRICT.
6. LANKE NARASIMHA MURTHY,, S/O. SATTIRAJU, MALE, AGE 60
YEARS R/O. D.NO.6-56, TUMMALAPALEM, KRISHNA DISTRICT.
7. MEDA RAMBABU,, S/O. NARAYANAMURTHY, MALE, AGE 38
YEARS, R/O. D.NO.9-61, TUMMALAPALEM, KRISHNA DISTRICT.
8. VATHADI KRISHNA MURTHY,, S/O. GOVINDA RAJU, MALE, AGE 78
YEARS, R/O. D.NO.1-22/1, PALLIPALEM, NEAR RAMALAYAM,
GOGANNAMATAM PPNNAMANDA, E.G.DT.
...PETITIONER(S)
AND
1. THE STATE ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, ANDHRA
PRADESH.
2. THE DISTRICT REGISTRAR, CO-OPERATIVE DEPARTMENT WEST
GODAVARI DISTRICT.
3. THE ASSISTANT DIRECTOR, FISHERIES DEPARTMENT,
YELAMANCHILI, WEST GODAVARI DISTRICT.
4. SRI KODANDARAMA BOATSMEN FIELD LABOUR AND FISHERMEN
COOPERATIVE SOCIETY, REP. BY ITS SECRETARY,
DONGARAVIPALEM VILLAGE PENUGONDA MANDAL, WEST
GODAVARI DISTRICT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased topleased to issue a writ, order or a direction, more particularly one in
the nature of Writ of Mandamus, declaring the action of the 3rd respondent in
deleting the names of petitioners from the voter list of the 4th respondent
society in spite of submitting our objections, dated 12.03.2025 contrary to the
Section 21 of the Cooperative Societies Act, 1964 and Rule 22 of the Andhra
Pradesh Cooperative Society Rules and issuing notification in Forim 1
proceedings NO.830/B/2, dated 22.02.2025 thereby fixing the election date of
the 4th respondent society as 09.04.2025 as illegal, irregular, arbitrary,
violation of the prpvisjons of the Andhra Pradesh Co-Operative Societies Act,
1964 and rules framed thereunder and also offends Articles 14, 21 and 300 A
of Constitution of India and consequently include our names in the voters list
prepared by respondent No.3 for the election of the respondent No.4 society
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to direct Respondent Nos.3 and 4 to allow us to participate in the
election process and cast our votes for the respondent No.4 society
scheduled on 09.04.2025 pending disposal of the main writ petition
IA NO: 2 OF 2025
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
pleased to stay of all further proceedings including process of election in
proceedings No.830/B/2, dated 22.02.2025 for the respondent No.4 society
pending disposal of the main writ petition
Counsel for the Petitioner(S):
1. MANGENA SREE RAMA RAO
Counsel for the Respondent(S):
1. GP FOR FISHERIES
2. GP FOR COOPERATION
The Court made the following:
ORAL ORDER:
Heard Sri Mangena Sree Rama Rao, learned Counsel for the Writ
Petitioners and Sri A.Krishna Kishore, learned Assistant Government Pleader
for Cooperation and Fisheries.
2. The present Writ Petition is filed challenging the action of the Assistant
Director, Fisheries Department, Elamanchili (Respondent No.3) for deleting
the names of the Writ Petitioners from the Voters List of the 4th Respondent-
Society.
3. It is submitted by the learned Counsel for Petitioners that the Writ
Petitioners have submitted their Objections on 12.03.2025 (Ex.P3), in
response to the Election Notification issued by the Respondent No.3.
4. It is the submission of the learned Counsel for the Petitioners that the
names of the Writ Petitioners have been deleted from the Voters List abruptly,
which was known to them only when the Respondent No.3 has published the
Preliminary Voters List on 06.03.2025.
5. Sri Sri A.Krishna Kishore, learned Assistant Government Pleader for
Cooperation and Fisheries has submitted Written Instructions furnished by the
Fisheries Department Officer, Elamanchili (Respondent No.3) dated
04.04.2025. The copy of the Written Instructions is furnished to the learned
Counsel for the Writ Petitioners and the same is taken on record.
6. The Written Instructions would indicate that the Respondent No.3 has
verified the Society records after receiving the Objections from the Writ
Petitioners. During the course of the verification, the Respondent No.3 has
noticed that the Writ Petitioners, whose names have been deleted from the
Voters List, have not been attending the General Body Meetings of the
Society and the regular activities held in the Society for more than five (05)
years.
7. Learned Counsel for the Petitioners submits that the Objections were
submitted on 12.03.2025 (Ex.P3). Whereas, the Written Instructions would
indicate that the Respondent No.3 has issued the Final Voters List on
13.03.2025 by removing the Writ Petitioners’ names from the Voters List.
8. It is the submission of the learned Counsel for the Petitioners that the
Respondent No.3 had never issued any Show-cause Notice either before
issuing the Provisional Voters List or before the Publication of the Final Voters
List on 13.03.2025.
9. Learned Counsel for the Petitioners would submit that the Respondent
No.3 has taken the decision behind the back of the Writ Petitioners. He would
submit that the reasons as mentioned in the Written Instructions that the
Respondent No.3 has noticed that the Writ Petitioners have not been
attending the General Body Meetings of the Society nor have they been
participating in the regular activities of the Society was never made known to
the Writ Petitioners at any stage. Therefore, the learned Counsel for the
Petitioners would submit that the deletion of the names of the Writ Petitioners
from the Final Voters List published on 13.03.2025 is vitiated by non-
adherence to the Principles of Natural Justice.
10. The facts mentioned above would indicate that the Writ Petitioners have
never been issued any Show-cause Notice. The facts would also indicate that
the Provisional Voters List published on 06.03.2025 and the Final Voter List
published on 13.03.2025 has never indicated the reasons for removal of the
names of the Writ Petitioners from the Voters List. The Written Instructions are
also bereft of any information indicating that a Show-cause Notice has been
issued to the Writ Petitioners clearly mentioning about the non-participation in
the General Body Meetings and the regular activities of the Society.
11. In this view of the matter, prima facie, this Court is of the opinion that
the Writ Petitioners were not put on advanced Notice, the Respondent No.3
has also not called for any explanation by indicating the default of the charge
against them.
12. There shall be a direction suspending the proposed Election scheduled
to be held on 09.04.2025, until further orders.
13. Sri A.Krishna Kishore, learned Assistant Government Pleader for
Cooperation and Fisheries, is directed to convey the gist of this Order to the
Official Respondents forthwith for effective compliance.
14. Let Counter Affidavit be filed with two weeks.
15. List the matter on 28.04.2025.
__________________________
G.RAMAKRISHNA PRASAD, J
Date: 07.04.2025
Note: Issue C.C. today
B/o
SRT
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