D.ANJAMMA v. THE DISTRICT COOPERATIVE

HONOURABLE THE CHIEF JUSTICE SHRI MADAN B.LOKUR AND HONOURABLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1134 OF 2010 JUDGMENT: (PER HON’BLE THE CHIEF JUSTICE SHRI Madan B.Lokur) The appellant is aggrieved by the order dated 3-9-2010 passed by the learned single Judge in W.P.No.16584 of

The writ petition concerns elections to the Board of Directors of 2nd respondent-Urumadla Milk Producers Mutually Aided Co-operative Society Limited, Nalgonda.

According to learned counsel for the writ petitioners no election was held and if at all there was an election, it was a completely fraudulent election.

Under these circumstances, the learned single Judge observed that the remedy available to the aggrieved party is to approach the Cooperative Tribunal as contemplated Section 37(2) of The Andhra Pradesh Mutually Aided Co-operative Societies Act, 1995 (for short ‘Act’). However, notwithstanding this, the learned single Judge went into the merits of the case and came to the conclusion that valid elections were held and dismissed the writ petition.

Feeling aggrieved, the writ petitioners are now before us.

In our opinion, disputed questions of fact arise with regard to the holding of an election and if election was held, whether it was a valid election or not. The learned single Judge noticed this and ought to have left the matter at that.

In our opinion, it would be appropriate if the matter is taken up by the Cooperative Tribunal under section 37(2) of the Act.

The appellants are given 15 days time to approach the Cooperative Tribunal. If they do so within this period, the Cooperative Tribunal will hear their petition without going into the question of limitation.

Given the nature of the allegations made, we request the Cooperative Tribunal to dispose of the petition as soon as possible. We make it clear that the Cooperative Tribunal should not be influenced by any of the observations made by the learned single Judge on the merits of the case.