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4. The Writ Petition No.12914 of 2016 is filed by said Saida (petitioner in W.P.Nos.36738 & 380 supra) against 5 respondents viz; 1) the State of Andhra Pradesh rep. by its Principle Secretary, Co-operative Department, 2) the Election Authority and Commissioner of Fisheries/Ex- Officio Registrar of Co-operative Societies, AP, Hyderabad, 4) The AD of Fisheries, Ongole, Prakasam District and 5) the MD, DFCS, Ongole, Prakasam District with the prayer as follows:-

'to issue a Writ or order or Direction in the nature of Writ of Mandamus declaring the action of the 2nd Respondent not responding on representation dated 4-4-2016 to issue confirmation letter enable the petitioner to exercise his franchise to vote on 23-4-2016 with reference to the proceedings Rc.No 5023/II/2014, Dated 21-3-2016 conducting of elections to A.P. State Fishermen Co-operative Societies Federation Limited(for short, 'the APSFCSFL') Hyderabad is illegal arbitrary and consequently direct the respondents permit the petitioner to participate in an Election to be conducted on 23-4-2016 and to cast his vote to the above said Federation and to pass such other order or orders"
4-a. The averments in the supporting affidavit of the petitioner are that he is the District President of the FCS, Ongole. The 2nd respondent-the Commissioner of Fisheries when issued proceedings, dt.21.03.2016 supra to conduct elections on 23.04.2016 for the APSFCSFL, along with schedule, he submitted a detailed representation, dt.04.04.2016 requesting to issue confirmation letter enabling him to participate in election and cast vote being District President, Ongole. The 2nd respondent though acknowledged the representation, not responded. It is further averred that as per Rule 17 of the APSFCSFL, the District President is a Member and eligible to cast vote to the State Level General Body. It is further averred that he was not allowed to the meeting on 12.02.2016 at State level conducted by the 2nd and 4th respondents and against which he filed a Contempt vide C.C.No.477/2016 which is pending. The rest of the facts mentioned herein are similar to that of mentioned by the petitioner in W.P.No.36738 of 2015.

13. The averments of the Counter affidavit of R.4-the AD of Fisheries for the respondents 1 to 5 in W.P.No.12914 of 2016 are that the Election schedule was issued by the Ex-Officio/Registrar of Co- operative Societies, AP, vide proceedings RC.No.5023/11/2014, dt.21.03.2016 to conduct the election to the APSFCSFL on 23.04.2016 M.Sai Krishnudu Special Category Deputy Registrar O/o. Commissioner of Co-operative Societies, AP, Hyderabad was appointed as EO to the Federation. It is submitted that Sk.Saida submitted representation to issue clarification letter to participate in Elections to be conducted on 23.04.2016 but it is not correct to say that Election Authority has not issued clarification letter to cast his vote in Elections to be conducted on 23.04.2016 and further submitted that as per Rule 22(2)(ii) the Chief Executive officer or president of the Society where there is no Chief Executive Officer shall prepare and publish the list of Members eligible to vote within seven (7) days after receipt of the communication from the Election Officer. It shall indicate Village/Locality, age, Community and Male/Female. The Chief Executive Officer or President of the Society shall invite the claims or Objections from the members with 7 days thereafter. Prior to this the GM of the APSFCSFL has published the voters list on 04.04.2016 inviting objections upto 11.04.2016 if any objection seek by any member shall file objections before the GD of APSFCSFL, within stipulated time and as per Rule 22(2)(iii). Further the Government of A.P., vide Memo No.3168/Fish/A.2/2015, dt.13.04.2016, the Government has decided to postpone the proposed elections to be held to the Managing committee of the APSFCSFL till the legal issues are sorted out, hence the Elections to the Managing Committee of the APSFCSFL to be held on 23.04.2016 could not be conducted and in this connection, a reply was sent to Sk. Saida vide Rc.No.5515/11/2015, dt.25.04.2016. The alleged elections said to have been conducted by the incumbent Managing Committee by themselves on 10.09.2015 by appointing the Election Officer viz; Sri K.Anji Reddy, Advocate to conduct the said elections are illegal and against the provisions of the Act and Rules. As the elections for the PFCS, Kurichedu could not be conducted by the Election Authority in time due to administrative reasons, the Ex-Officio Registrar of Co-operative Societies and Commissioner of Fisheries, AP, Hyderabad pleased to issue orders appointing Person-In-Charge to manage the affairs of the said Society for a period of 6 months from 20.09.2015 to 19.03.2016 as a stop gap arrangement and pending conduct of elections to the Society by the District Election Authority, Ongole. So the contention of the petitioner claiming that he is President of PFCS, Kurichedu is not correct. It is submitted that there is no validity to the elections said to have been conducted for the PFCS,Kurichedu on 10.09.2015 by one Sri Kasu Anjireddy, Advocate, since it is an aided Society, the incumbent Managing Committee cannot be conducted elections to the PFCS, Kurichedu by themselves. In fact, the Elections to the Managing Committee of the said FCS are to be conducted under Rule No.22(b) of Act by an Election Officer appointed by the District Election Authority, Ongole, hence there is no validity to the alleged elections said to have been conducted by the incumbent Managing Committee to the PFCS, Kurichedu by themselves is illegal manner duly adopting backdoor manner. It is submitted that it is a fact that in the capacity of President PFCS, Kurichedu the petitioner was elected to the post of President DFCS, Ongole on 28.02.2014 and he will be in the office as President, DFCS, Ongole as long as he continues as President, PFCS, Kurichedu which term expires by 20.09.2015 and the Person-In-Charge was appointed vide Commissioner of Fisheries, AP, Hyderabad/Ex-Officio Registrar of Co-operative Societies proceedings No.5341/11/2015, dt.25.11.2015, he ceased to be in office as President, DFCS, Ongole from 20.09.2015 onwards. As such contention of the petitioner that his tenure to the post of President of DFCS, Ongole for 5 years is not correct and at present, he is no more in the office as president of PFCS, Kurichedu or DFCS, Ongole. It is submitted that the contention of the petitioner stating that he is continuing as President of DFCS, Ongole and his term is yet to be expired on 28.02.2019 is not corret. In fact, he is ceased to be in the office w.e.f.20.09.2015 from which date, the term of his Presidentship as PFCS, Kurichedu was expired. As the post of President, DFCS, Ongole was become vacant by 20.09.2015, the R.5 issued a notice for conduct of Managing Committee meeting of the DFCS, Ongole on 04.11.2015 to make alternate arrangements for smooth running of the DFCS, Ongole pending conduct of regular elections to the Society and in the said meeting one Gollapothu Venkataswamy, Vice President of the said Society was kept In-Charge to the post of President,DFCS,Ongole pending conduct of regular elections to that post. The petitioner filed W.P.No.36738 of 2015 aggrieved with the notice and the High Court was pleased to pass interim orders dt.12.11.2015 directing the respondents not to conduct elections to the DFCS,Ongole, the High Court however, not ordered therein continuing the petitioner as president, DFCS,Ongole who is already ceased to be in office by 20.09.2015. So the contention of the petitioner stating that as per the orders of the High Court that he is being continuing as President, DFCS, Ongole, is not at all correct. It is further submitted that basing on the Writ Petition No.380 of 2016 filed by the petitioner, the High Court passed interim orders in WPMP No.477 of 2016, dt.06.01.2016 directing the respondents not to conduct elections to the PFCS,Kurichedu pending disposal of Writ Petition. The High Court however, did not pass any directions to continue the petitioner as President of PFCS,Kurichedu whose term was expired on 20.09.2015. hence, the contention of the petitioner stating that till today he is continuing as president, DFCS,Ongole as well as President, FCS,Kurichedu is not correct and far from truth. It is further submitted that as the petitioner was not continuing as President, DFCS, Ongole and President, PFCS,Kurichedu, he was not allowed by the R.2 in a meeting conducted at State Level by the R.2 in a meeting conducted at State Level by the R.2 in a meeting conducted at State Level on 12.02.2016 and aggrieved by which the petitioner filed C.C.No.477 of 2016 and a counter affidavit was already filed in that case by this respondent which is pending with the High Court but said allegations of the petitioner that the R.4 ignoring the High Court orders, committed an offence under contempt of Court act is not correct and in that contempt case a detailed counter affidavit was already filed and pending. It is further submitted that he is having sufficient alternative remedies for the redressal of his grievance in Cooperative Tribunal which is exclusively meant to deal with the Cooperative disputes. Hence, there is no need to file this Writ Petition before the High Court without availing alternative remedies. Hence, there are no merits in the contention of the writ petitioner seeking to allow him to cast his vote in the elections since he is presently not continuing as President DFCS, Ongole. Hence to dismiss the writ petition.

17. Coming to the WP No.12914 of 2016 filed by said Saida (petitioner in W.P.Nos.36738 & 380 supra) with prayer of the Election Authority and Commissioner of Fisheries/Ex-Officio Registrar of Co- operative Societies, AP-2nd Respondent is not responding on his representation dated 4-4-2016 that as per Rule 17 of the A.P. State Fishermen Co-operative Societies Federation Limited(for short, 'the APSFCSFL'), District President is a Member and eligible to cast his vote to the State Level General Body as he is the District President of the FCS, Ongole, so to issue confirmation letter to him to exercise his franchise to vote in the elections to be conducted to the APSFCSFL, Hyderabad as illegal and to direct the respondents to permit him to participate in the Election to be conducted on 23-4-2016 to cast his vote to the above state Federation concerned, with averments that he was not even allowed to the meeting on 12.02.2016 at State level conducted by the official respondents, undisputedly there were no elections conducted on the date fixed. The respondents referring to the facts supra clearly averred and rightly contend that the Collector-cum-District Election Authority, Ongole alone is competent to conduct elections to the PFCSs duly appointing Election Officers u/sec.31(2)(b) r/w Rule 22(b) of the Act and once the term the post of President, DFCS, Prakasam district became vacant by 20.09.2015, and the Managing Committee meeting of DFCS, Prakasam District was called for on 04.11.2015 as per notice, dt.27.10.2015 of the 4th respondent and in the said meeting, the Vice President of the DFCS, was kept temporarily to act as President as per bye-law No.44, apart from Section 32(2)(a) of APCS Act, 1964 is not applicable to this case as the term in the capacity of the PFCS, Kurichedu was even expired by 20.09.2015 and he is seized to be in office from 20.09.2015 onwards, besides his ineligibility supra even otherwise, that in the first General Body Meeting held on 12.02.2016, it was resolved to conduct elections to the APSFCSFL after completion of the elections to the DFCS, Visakhapatnam and Krishna by the end of March,2016 and further submitted that the other writs supra are pending filed by Sk.Saida and some others in the High Court which are pertaining to Elections of various DFCSs. The further averments of the Counter affidavit of R.4-the AD of Fisheries for the respondents 1 to 5 in the W.P.No.12914 of 2016 are that pursuant to the Election schedule issued by the Ex-Officio/Registrar of Co-operative Societies, AP, vide proceedings RC.No.5023/11/2014, dt.21.03.2016 to conduct elections to the APSFCSFL on 23.04.2016 M.Sai Krishnudu Special Category Deputy Registrar O/o. Commissioner of Co-operative Societies, AP, Hyderabad was appointed as EO to the Federation, that as per Rule 22(2)(ii) the Chief Executive officer or president of the Society where there is no Chief Executive Officer shall prepare and publish the list of Members eligible to vote within seven(7) days after receipt of the communication from the Election Officer indicating Village/Locality, age, Community and Male/Female; that the Chief Executive Officer or President of the Society shall invite the claims or Objections from the members with 7 days thereafter. Prior to this the GM of the APSFCSFL has published the voters list on 04.04.2016 inviting objections upto 11.04.2016 if any objection seek by any member shall file objections before the GD of APSFCSFL, within stipulated time and as per Rule 22(2)(iii). Further the Government of A.P., vide Memo No.3168/Fish/A.2/2015, dt.13.04.2016, has decided to postpone the proposed elections to be held to the Managing committee of the APSFCSFL till the legal issues are sorted out, hence the Elections to the Managing Committee of the APSFCSFL that were scheduled to be held on 23.04.2016 could not be conducted and in this connection, a reply was sent to Sk. Saida vide Rc.No.5515/11/2015, dt.25.04.2016.