K. Sridhar v. State Of Andhra Pradesh, Rep. By Its Principal Secretary,
HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY W.P. No. 10317 OF 2016 ORDER :
This writ petition is filed seeking writ of mandamus declaring the General Body Meeting which was conducted on 27.02.2016 and electing the office bearers of the 5th respondent as illegal and arbitrary and contrary to the A.P.Societies Registration Act, 2001 and bye laws of 5th the respondent and consequently direct the respondents to act in accordance with the Act and Byelaws of the society.
2. Heard Sri G.Sundaresan, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
3. The grievance of the writ petitioner in this writ petition is with regard to holding of General Body Meeting and holding election. The petitioner has remedy under Section 23 of the A.P.Societies Registration Act, 2001, which reads as follows: "23. Dispute regarding management:- In the event of any dispute arising among the Committee or the members of the society, in respect of any matter relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of the Arbitration and Conciliation Act, 1996, or may file an application in the District Court concerned and the said Court shall after necessary inquiry pass such order as it may deem fit." Since the issue involved in this writ petition pertains to dispute with regard to election & management of the society, as the petitioner claims to be the life member of the 5th respondent, has an alternative remedy under Section 23 of the A.P. Societies Registration Act, 2001 and he can raise all the grounds in the said petition before the District Court.
In view of the same, I do not see any merit in the writ petition and accordingly dismissed with the above observation. There shall
be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition, shall stand dismissed. _______________________ A.RAJASHEKER REDDY, J 30.03.2016.
kvs HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY
W.P. No.10317 OF 2016 Date: 30-03-2016 kvs