M.Ashok v. The State Of Telangana

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No. 1016 OF 2015 13-11-2015 Between:

M. Ashok and others ... Petitioners And The State of Telangana, rep., by its Principal Secretary, Co-operation Department, Telangana Secretariat, Hyderabad - 500 022 and others ... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE S.V. BHATT WRIT APPEAL No. 1016 OF 2015 PC: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale)

Heard learned counsel for the parties.

The appellants, in the instant writ appeal, challenge the order dated 09-112015 passed in Writ Petition No. 1431 of 2015. Though the order is not placed on record, all learned counsel for the parties fairly state that by this order, learned Judge has directed to conduct elections on the basis of the original voters list published pursuant to which election notification dated 29-12-2014 was issued. We are informed that the order dated 09-11-2015 is not yet ready.

We have heard learned counsel for the parties and in the course of hearing, certain suggestions were exchanged between them and they have agreed for the order that we propose to pass and fairly stated that reasons need not be recorded for the same. Hence, we pass the following order: "The Election Officer, who has already been appointed, shall commence the election process from the stage contemplated by sub-clause (i) of clause (b) of subrule (2) of Rule 22 of the Andhra Pradesh Cooperative Societies Rules, 1964 (for short 'the Rules') and shall publish final list of members eligible to vote within the time stipulated under the Rules and then proceed to conduct election process such as inviting nominations and complete the election process within a period of four months from today."

Learned Special Government Pleader is directed to communicate this order to the Election Officer and the Chief Executive Officer within a period of one week from today. It is needless to mention that the Election Officer as well as the Chief Executive Officer shall complete the process as contemplated by the relevant rules within the stipulated time. It is also needless to mention that at the stage of preparation of the voters list, the due procedure contemplated by the Rules shall be followed by the Election Officer and the Chief Executive Officer. While dealing with the issue of deletion of any name from the voters list, the principles of natural justice shall be followed.

With these observations, the writ appeal is disposed of. As a consequence thereof, the order dated 09-11-2015 passed by the learned single Judge renders ineffective.

Miscellaneous petitions, if any, also stand disposed of. _________________________ DILIP B. BHOSALE, ACJ ________________________ S.V. BHATT, J 13-11-2015 ks Note: Furnish copy today.

B/O