right to vote= Under Section 25 (1-A) (d) of the Act, a member of a Society shall not be eligible to exercise the right to vote, if he is default in the payment of any amount due in cash or kind to the Society for such period as may be prescribed. In view of the aforesaid provision of law and as it is not in dispute that the petitioner-Society is default in payment of amount due to the 2nd respondent-Bank, the former is not eligible to exercise its franchise in the elections to the 2nd respondent-Bank. In any event, it is to be noticed that if the name of the petitioner-Society is not included in the voters list, it can as well raise a dispute before the Election Tribunal.

HON’BLE SRI JUSTICE R. SUBHASH REDDY

WRIT PETITION No.4549 of 2013

ORDER :

This writ petition is filed for a Mandamus to declare the order dated 05.02.2013 passed by District Co-operative Central Bank Limited, Nizamabad, 2^nd respondent herein.

The petitioner is a Society registered under the A.P.
Co-operative Societies Act, 1964 (for short “the Act”) and a member Society of the 2^nd respondent-Bank. Elections are notified for the purpose of holding elections to Primary Agricultural Co-operative Societies as well as District Co-operative Central Banks.

It is the case of the petitioner-Society that by the impugned order, it was informed that all the overdue amounts should be cleared before 12.02.2013, in default, it shall be treated that the Society is ineligible to exercise its franchise in the elections to the 2^ndrespondent-Bank. The grievance of the petitioner is that the impugned order deprives its right to vote in the elections to the 2^ndrespondent-Bank, that too, without giving any adequate time to pay the amounts due.

Under Section 25 (1-A) (d) of the Act, a member of a Society shall not be eligible to exercise the right to vote, if he is default in the payment of any amount due in cash or kind to the Society for such period as may be prescribed.

In view of the aforesaid provision of law and as it is not in dispute that the petitioner-Society is default in payment of amount due to the 2^nd respondent-Bank, the former is not eligible to exercise its franchise in the elections to the 2^nd respondent-Bank. In any event, it is to be noticed that if the name of the petitioner-Society is not included in the voters list, it can as well raise a dispute before the Election Tribunal.

The writ petition is devoid of merit and, accordingly, the same is dismissed. No costs.

As a sequel, miscellaneous petitions, if any, filed along with the writ petition shall stand closed.

________________________

                                            R. SUBHASH REDDY, J

18^th February, 2013

cbs

HON’BLE SRI JUSTICE R. SUBHASH REDDY

WRIT PETITION No.4549 of 2013

18^th February, 2013

cbs