Bantu Nagendar v. 1. State of Telangana

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass a writ order or orders more particularly one in the nature of writ of l/andamus to i. order an enquiry into the corrupt practices of the Respondents 2 to 7 and punish them according to law. ii. to declare the r-,lections conducted for the appointment of the members Fisheries cooperative society, Suryapet rown on 27.07.2021 as illegal and u nconstitution al and cancel the same. |.A.NO:1 OF 2022 Petition Under Section 15i cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High cor- rt may be pleased to direct the Respondents '1 , to4 to declare the skill test conducted on 28.0s.2021 by the stay the membership status of the appointed members. pending disposar of this writ petition. Counsel for the Petitioners : SRI K.GOPALA KRISHNA, ADVOCATE FOR SRI SUDHAKAR ANDUGULA Counsel for the Respondent Nos.l to 4 : Gp FOR FISHERIES Counsel for the Respondent Nos.S to 7 : SRI M.AMARNATXI The Court made the following ORDER t * 1E L t t * ;7 ]'HE HONOUIIAI}LE SMT..'T]SI'ICE T. MADI{AVI DEVI wRIT PETI'IION N0.24879 0t- 2022 OIfDIT.R In this Wlit Petition, thc pctitioncrs nrc seeking a Writ of Mandamus (i) to ordcr an enquirf into the corrupt practiccs of respondents 2 to 7 and punish thenr accorclin,l to lau,; and (ii) to declarc the elections conductc'd fb| appointnrcnt as lnenlbc|s of the Fishermen Coopcrative Society, Surl'apet '['ori rr ou 27 .07 .2021 as illegal and unconstitutional and to cancel tlic- sunrc: and (iii) to pass such other older or orclcrs

2. Bliei lacts leading to the liling tlre prcsenl. Writ Petition are that tl-re petitioncrs arc tl-rlcc ( i) in numbcr and bclong to Mudira.j corrrmunity and arc rcsidents ot- Surlapet -['ori,n uncl I)istrict. -l'hey ciaimcd to havc rrrade representations lbr grai-rting nrcurbcrship ir.; the Fishermen Cooperative Socicty, Suryapet. [rr-rt tlrc_l' rvcrc clcnicd thc rnembcrship. 'fher-elbrc, they along ri'itlr 189 othci l)clson:; apploached this Court by filing W.P.No.969-i o1' 20 I9. W.P.l'lo 11008 ol 20 l9 and W.P.No.9l 75 o1'2019 ar-rd thc sarnc !i'.rc disposctl ol'dirccting tlrc Surlapet Fishcries Association to lirllou' thc dLrc ploccss anr{ qir,,: rrenrbership to the W.I'].\o l.18jq ot l0:l 2 petitioners. Hor.vever, the petitioners herein,,vc.e not given rnerxbership and therefore, delrotrstrations u,ere made against the inacticin of thc Distlict Fisheries offlccr (DI,'o) and thcreal-ter., alter tlclihc'rrrrions. thc DF-o had notilled thar a skill resr u,ould be conducted on 0i. r0.20r9. Hoi'r'ever, it was postponed and it was obscrved that it i,i,ould be clir.ected to be hcld on l3-15'r'october,20 I9.'rhe l'' petitiore'clairncd to have attcnded thc skilt Lcst on thc said date, but allcged that thc pr..ccdurc prescribcd under G.O.Ms.No.74, Animal [l-rsbancL.y, Dairy Dcveloprnent & Fisheries (F.ll) Department, dt.2l . t0.20 [ I u as nor tbllowcd. when the petitioners raised objcctio,s, tric [)trc) r.crr-rscd to conduct skill test and again postponed the date of exa,rinatio', against *'hich the petitioncrs claimed to have approachcd this court rbr conternpt of Court by the DFO, Suryapct in c.c.No.96 l .f'2010 and the salre was pcnding consideration. 'fhereafter. according to rhc pctitioners, the respondents havc given mernber.ship to:i4 *ernbers rvho did not possess the rcquisite ski s an<i thcy rvcre nol cven asked to undergo skill test fbr giving mcmbership. J'herefore thc petitior.rcr.s Iodgcd a cornplai,t with the Statc Fisherics Enquiry oflicer and r.r,hen no enquiry rvas madc, the petitioners approached this Cor-rrl in \\/.P.No.7689 of 1021 and pur.suant to the direcrions cl'this Clor-rrL. an W. P.No.24 879 of 2022 -l enquiry was conducted and it was observed that there was misconduct and malpractice in granting rnernbership to 54 mernbers. fhereafter, the District F-isheries Otficer, Suryapet had issued notiflcation rhat elections would be conducted on 21.03.202 I and the sarre was challenged by the petitioners before this Court in W.P.No.27828 of 2019 againsr rhe appointment of l7 rnembers who are not eligible lor such appointment and dte same is still pending considcration. [[ is srated that the Commissioner of Fishelies assur-ed that strict action would be taken against the bogus voters in thc Iist issued bv the t)istr-ict Fisheries OtTlcer and a merno dt. 12.0-5.202 I r.i, as also issued dirccring the District Fisheries Officer to re-conduct the skil I test fbr ,19 rncmbers along with others. It is stated that due to Covid pandemic, thc State was fbrced to go into lockdown and taking adrarrrage ol- thc position, the I)FO had notifled that skill test would be ct,nducted to the allegcd 49 members of thc society on 28.05.202 I a1 Nallachcruvu, Suryapet disregarding the lockdown guidelines and they har.e allcgedly conducrcd the tesl. tbr 47 membcls only, but have recorded that 49 merrbers have attended the test. The petitioners claimed to have obtained the video footage under the Right to lnformation Act and accordir-rg to hirn. rwo pcrsons. i.e., Mora Janaki Ramulu, S/o Saidulu and Pittala Srinivas, S/o Nar.asaiah W P Nr,.1.1879 o, 1022 4 did not attend thc test, but thcy were also shorvn as having attcnded the test Alleging rnisconduct and misplacement of rccolds b1' the autirorities. thc pctitior-rers clairned to have approached Lokal'ukta u'ith a courplaint *,hich has been registered as case No.769/102 liBI against Aku la Lar,akusha. newly electcd tnember of the Cooperative Society and othcr tisl-reries officers and the Lokayukta lrad passed an order dt.10.09.102 I clirccting the rcspondents to hold elcctions a{iesh, but the sanie \\ as challcnged by thc Fishermen Cooperative Socic'ty W.l'.No.33975 ol 202 I and this Court, vide orders dt.15.03.2022, has disposed o1- thc said Wlit Petition quashing thc order o1- thc Lokavukta and directing thc *,rit petitioners herein to seek tecoltrsc through othcr legal lcrncdies. 't he pctitioners claiured to have lodged a cornplaint witl'r thc Vigilance and Enlbrce ment I)epanment to crtcluire into, and take neccssar')' action or.r, the corrupt plactices of respondcnts 2 to 7 and tl'rereafter, thc petitioners have approached this Corrrt by frling the present Writ Pctition. 'l he petitionets have not only n-rade the olflccrs as partl respondcnts but have also madc the Commissiotrer ol F isheries, Additional Director and Deputv Director of Fisheries as parlies by name- allcging corrLrpt practices against- then-r w P No 1.1379 of2022

3. There was no interim order granted by this Couft and the 2nd respondent has tlled her counter affidavit on hgl s\'vn behalf as well as on behalf of respondents I and S The 7'h rcspondcnt has filcd his countel affidavit on behalf of respondents 5 to 7' [n the counter affidavit liled by the 2n'r respondent' it is stated that

1. tl-rc Suryapet Fishermen Coopcrative Societ,v was registered in the year 1956 with Registration No'297/'l'l I under the provisions of the A'P' Cooperative Societies Act, I964 and lour vitlages were covered in the area of operation of the said socicty, i.e., ( t) Suryapet, (2) Pillalamari' (3) Rayangudem ancl (4) K'T'Annaram and there were six (6) water bodies with a tota[ water spread area oi 389'38 hectares' It is stated that the total rnembership of the society as on thc date ol tiling of the counter aftrdavit is 264 and, that the elections to the Managing Cornmittce was conducted on 27.07.2021 and nst ly elcctcd body also assurned charge or-r 21 .07 .202L tt is stated that tlie respondents have lbllowcd the due procedure for conduct of the skitl test and onty eligibte persons have been inducted as membcrs o1- the society lt is stated that the skill test concluctcd on 28.05.2021 was in the prescnce of the olllcer deputed ti'om the I'Iead Off-rce, in which 49 rnernbers have beeu tbund to be W.I'].'(o.2.18rq ol' l0ll 6 qualilled As re qards the proccss of the Managing (ion-rrnittee elections held on 27.07.2.021 , it is statcd that it was donc as pcr Lhc pr.ocedurc prescribed r,rnder thc A.P. Cooperative Societies Act. tt is stated that the skill test conducted to 49 persons nas at Nallacherur.u of Suryapct town ancl there was no dcr,iation as alleged by the petitionc.rs. It is statcd that the plea o1- thc petitioners is to include them as mentbers of the Fisherrncu Coopcrativc Society, Suryapet and thcrclirre, thcre rvas a skill test proposccl to bc hcld on [3.] 1.2019,14.11.2019 and 15.11.2019 r.i,'ith a reque st to lhc peiitioners to attend the skitt tcst. Ilowcve r. the skill tcst coLrlcl not bc conducted on the above date; duc to nuisance created by thc applicants and the society members It is stated that lirrrher skill tesl \vas also scheduled on 23.07.2021 . ).40] 202l and

25.01 .?021 end lhc Skill I'est Cornmittee has attende,l daily right fiom t0.30 AM to 5.00 PM, but nonc of the applicants tumcd to pre scnl belore tl're Cornnrittee tbr perfbnning proficiencl lishing and tl-rerefbre, the Skill -Iest Comrnittee could not conduct the skill tesr. [t is stated that the pctitioners have to approach the Districr Irisheries Olficer tbr granting ol nternbclship, u,hereas they are knoctrling the doors ol severaI olficials/constitutional authorities time and aqain *,ith lalse infbrrnation and r ague allegations and rvith rralafide intcntion. Along W.l'.No 24879 o12022 7 with the counter affidavit are filed copy of G.O.Ms.No.74 dr.2l.l0.20l I and also other rclevant documents.

5. I'[re 7'h respondent has also tlled counter affidavit on beha['of lcspondents 5 to 7 adopting the contentions raised by thc 2"d respondent in her counter alfidavit and it is stated that respondents 5 to 7 havc dischargcd their tuncrions in their otllcial capacity and therefore they or-rght not to have been made as parties in personal capacity and prayed fbl dismissal olthe Writ Petition against them.

6. [[aving regard to the rival contentions and the r-naterial on record. this Court flnds that there have been repeatcd requests frorn thc I)etitioners fbr grant ol- membership in the Fishermen Cooperativc Sociery, Suryapet. Though skill tcst was scl.reduied to be conducted in the year 2019 and also in the year 2021, it coutd no1 be conducted lor scvcral rcasons. The pctitioners' complaint against thc membership givcn to 54 rnembers without conduct ol skill test to them has been looked into bl the authorities and a direction was given to conduct fresh tcst and also the skili tcst appears to havc been conducted lor 49 nrcmbers and membership has been given to thern. Thc allegation of the petitioners is only with regard to the two rnembcrs out of 49 who did not W.l'.\ I 1.1879 o1'2021 8 attend thc test. Lrut the same is also allegedly recoldcd ir-r the video lootage ol thc skill te:st. Therelbre, thc objections r.vith regard ro those two mernbcrs are also not substantiated. I'hough the pr:titioners clairned that thc skill tcst \vas not condLrcted for them, the coutentions of thc respondents that thc skill tcsr was scheduled to be held lrorr 23.07.202 I to 25.07 .2021 ancl that tlie petitioncls did not appear frrr the same, have not becn rcL.rultccl Er1'the petitiorrels by filing any rejoinder to the samc Howevcr, Lhis CoLrlt llnds that tht: u,ater spread arca of the socictv is

389.38 hcctares. i.c.. 97-1..1,s acres of water spread area and is morc than sufficicnt to induct urcntbers into the socicty as the currcnt rnerlbership of the societv is on lr, 2(r4

7. As rcgarcls thc e lcctiou ol thc Managing Cornrliree, this Clourt is of the opinion that the tenure o1' tlie said'Comrnittcc would also be complcted and thc ncu bodr u,,ould bc incl'rarge olthc -societv as olno\\, Thelelbre, this C-or-rrt docs not dcern it appropriate to go into [he sarne at this sl.age

8. lhercfore, thc rcspondents arc directed to couduct skill test to the petitioners as well as t() alI thc other cligible p<:rsons rvt.o are desirous ol bccorning mcurbcrs of Lhe Fisher.men Clooperative Socictr,, Sur.r,apet and W.P.Nr-r.11879 ol' l0ll 9 grant thcln ulclrbership in accordance with the procedure prescribcd under G.O.Ms.No.74 d1.2 l. 10.20 I l. As regards the allcgations of colrupt practices, thc respondcnts ale directed to look into the satnc by conducting an enquiry, il Irecessary. fhe entire exercise ol conducting thc skill test tbr the petitioncrs and other cligiblc candidates shall be cornpletcd rvithin a period of three (3 ) months liorn the date ol'receipt of a copl ol'this older.

9. \\'ith thc abovc directions, the Writ Petition is disposed ol-. No ordcr as to costs.

10. [)cndirrg rniscellaneous petitions, if any, in this Writ Petition shall stantl closcd SD/.A. JAYASREE ASSISTANT REGISTRAR //TRUE COPY/' SECTION OFFICER To c ^ - -r-^-. Telangana at HYderahad

1. The Principal Secretary, Fisheries Department' SeCietariat' State of 2. The Drstrict rlsnenes"6ilicer, District Fisheries Department' Thallagadda' . ?Hy3?;:i:ifl'S,i;'i"'.'?5?il;1",fl13313;1il?'6"ioa ,. ?flI o,r,r,", Fisheries Co-operative Society officer' District Fisheries Deoartment' rn,rr'gl;d";]5J'vji"t 5"l;pet Ditt'i"t Telanqana -508 2 1 3 s. Twb ccs to GP Fof;isiERli5' nign 6o"t for the state of relangana at District' rerangana '508 Hvderabad [oUT] lj'"L'bCLl s'nr srjonnxnn ANDUGULA' Advocate [oPUC] 5nE ;6 i6 sHi H,r AunnNArH, Advocate (oPUC) Two CD CoPies 7 o SA BS t t. HIGH COURT OATED:111091202s ORDER WP.No.24879 ot 2022 DISPOSING OF THE W.P WITHOUT COSTS. iG I t i $ J 90 lr. / //.: I t,) I '.-l t. 1 \i'. 't /a . ' ,.. .j r,i .-\,':.\ ;10 0cr mfr '2