ORDER : M. Ganga Rao, J. 1. The petitioner, Yerragudipadu Primary Agricultural Co-operative Society represented by its President, filed this writ petition being aggrieved by the proceedings dated 17.12.2020 passed by the 2nd respondent-District Co-operative Central Bank represented by its Chief Executive Officer, communicating the decision of the General Body meeting, whereby the petitioner's society was made ineligible to cast vote and disqualified to contest in the 2nd respondent bank's Governing Body elections even though it is a member of the bank for not transacting the required business with the bank as per bye-law No. 3(I) of the Kadapa District Cooperative Central Bank, as illegal, arbitrary and contrary to G.O. Rt. No. 292, Agriculture & Cooperation (Coop. IV) Department, dated 27.03.2020 and also G.O. Rt. No. 617, Agriculture & Cooperation (Coop. III) Department, dated 28.08.2020. 2. The brief facts of the case are that the petitioner is a member of the 2nd respondent bank. The 2nd respondent bank had issued a notice dated 09.07.2020 to the petitioner society as to why the society could not be disqualified from voting and contesting in the 2nd respondent bank elections for not transacting any business with the 2nd respondent bank, stating that one Sri Gandluru Veera Anil Kumar Reddy, the president of the petitioner society, contested the bank elections even though the petitioner society has not transacted business during the period from 18.02.2013 to 02.05.2015 on being exemption granted by the Government and he is one of the directors of the bank from 18.02.2013 to 03.05.2015 and the President of the bank from 03.05.2015 to 04.08.2019. Even during that period, the petitioner society has not made any transactions or business with the 2nd respondent bank. Questioning the said order, the petitioner society has field Writ Petition No. 17912 of 2020 before this Court. 3. This Court by order dated 05.10.2020 passed in W.P. No. 17912 of 2020 has set aside the notice dated 09.07.2020 on the ground that the same was passed without giving due opportunity to the petitioner and it was violative of principles of natural justice and also contrary to the provisions of Section 21(3) of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act, 1964'). However, the 2nd respondent Bank was given liberty to issue an appropriate show-cause notice to the petitioner and take further action in the matter after due consideration of the explanation if any submitted by the petitioner pursuant to the said show-cause notice. 4. Accordingly, a notice dated 21.11.2020 was issued to the petitioner's society calling for explanation within 15 days from the date of receipt of the notice as to why the petitioner society's president/representative shall not be declared ineligible to participate in elections of the District Co-operative Central Bank. Against which, the president of the petitioner society submitted explanation through an advocate on 01.12.2020 stating that an amount of Rs. 1105/- was deposited on 17.02.2020 for a period of four years and also Rs. 1 lakh by way of Fixed deposit on 20.02.2020 for a period of one year and the 2nd respondent being a person in-charge is not authorized to issue show-cause notice and take action, without any enclosures. 5. The 2nd respondent, after considering the Bank review committee meeting resolution dated 15.02.2020, PIC committee meeting resolution dated 27.06.2020, 2nd respondent bank General Body meeting resolution dated 27.06.2020 and the explanation of the petitioner submitted through an advocate dated 01.12.2020, has passed the impugned order dated 17.12.2020 disqualifying the petitioner society from voting and contesting elections in the 2nd respondent bank. 6. The issue involved in this writ petition is that whether the 2nd respondent bank followed the provisions of Sections 25 and 115(d) of the Act, 1964 and Rules 18 and 75(2) of the Andhra Pradesh Co-operative Societies Rules, 1964 (for short 'the Rules, 1964') in passing the impugned order? 7. Before dealing with the issue, it is profitable to deal with the provisions of Sections 25 and 115(d) of the Act, 1964 and Rules 18 and 75(2) of the Rules, 1964, which are applicable to the 2nd respondent bank, being a 'financing bank' as defined under Section 2(f) of the Act, 1964 and the petitioner being a 'Co-operative Credit Society' as defined under Section 115-C (a) of the Act. 8. A reading of the provision of Section 25 of the Act, 1964 states that every member shall have one vote in the affairs of the society and shall exercise his vote in person and not by proxy. 8. A reading of the provision of Section 25 of the Act, 1964 states that every member shall have one vote in the affairs of the society and shall exercise his vote in person and not by proxy. Provided that no member of a society belonging to such class of societies and who failed to transact such minimum business or utilize such minimum services or facilities as may be prescribed taking into consideration the nature of the business transacted or the services or facilities made available by the society shall have the right to stand as a candidate or to vote in any election to the society. It further states that a member of a society shall be eligible to exercise the right to vote only if contributes a minimum share capital and is not in default in the payment of any amount due. As per the provisions of Section 115-D of the Act, 1964, an associate member who is an individual or a group depositor holding a minimum deposit of Rs. 5,000/- in normal areas and Rs. 2,500/- in scheduled areas or a higher sum as may be prescribed, for a continuous period of minimum two years preceding the date of notification of election in a Primary Agriculture Co-operative Credit Society shall have full voting rights. A group borrower, which is an associate member and availed a minimum loan of Rs. 10,000/- or higher amount of loan as may be prescribed for at least six months preceding the date of notification of elections in a Primary Agricultural Co-operative Credit Society shall have full voting rights. However, a group borrower or a group depositor which is an associate member as provided under Section 20 shall not be entitled to vote. As per Rule 18 of the Rules, 1964, no member of a society shall have the right to stand as a candidate or to vote in any election to the society, unless he transacts the minimum value of business or utilizes the minimum value of services or facilities as prescribed in the bye-laws, during a cooperative year. A list of eligible members with right to vote and those without right to vote shall be prepared and displayed on the notice Board of the society and branches prior to holding of any General Body meeting or holding of elections in the manner as laid down in the bye-laws. A list of eligible members with right to vote and those without right to vote shall be prepared and displayed on the notice Board of the society and branches prior to holding of any General Body meeting or holding of elections in the manner as laid down in the bye-laws. Rule 75(2) of the Rules, 1964 deals with minimum business to be transacted or services or facilities to be utilized by a member of other societies. The provisions of Rule 18 shall apply to all Cooperative Credit Societies with the following change: "The period of default shall be reckoned as one year instead of three months". 9. The reading of the above provisions of law states that an individual member of the society or the Primary Agriculture Co-operative Credit Society being affiliated and member of the Apex bank, in the 2nd respondent bank shall have to do minimum business of transaction and utilize the minimum service of the society or the bank during the cooperative year, which starts from 1st April to 31st March of every year to be eligible for voting and contesting in the elections of the society or Apex bank. However, minimum value of business or utilizes the minimum value of services or facilities during a cooperative year are not specifically quantified in terms of money in the bye-laws of the 2nd respondent society. 10. But, the counter filed by the 2nd respondent-bank states that the petitioner society has not transacted minimum business or utilized minimum services as per bye-law No. 3(I) of the 2nd respondent bank only. The petitioner society states that it has deposited Rs. 1105/- on 17.02.2020 for a period of four years and also deposited Rs. 1 lakh by way of Fixed deposit on 20.02.2020 for a period of one year. But, as per the provisions of Section 115-D of the Act, 1964, an associate member holding a minimum deposit of Rs. 5,000/- in normal areas and Rs. 2,500/- in scheduled areas or a higher sum for a continuous period of minimum two years preceding the date of notification of election in a Primary Agriculture Co-operative Credit Society shall have full voting rights. The Section also says that a group borrower, which is an associate member and availed a minimum loan of Rs. 2,500/- in scheduled areas or a higher sum for a continuous period of minimum two years preceding the date of notification of election in a Primary Agriculture Co-operative Credit Society shall have full voting rights. The Section also says that a group borrower, which is an associate member and availed a minimum loan of Rs. 10,000/- or higher for at least six months preceding the date of notification of elections in a Primary Agricultural Co-operative Credit Society shall have full voting rights. Therefore, it could easily be concluded that the minimum deposit and minimum transaction of business with the society by the individual member or associate member shall have to deal with the society or bank two years preceding the date of notification of election and business for a period of six months preceding the date of notification of election. 11. But, the impugned notice does not reveal the period of elected body of the 2nd respondent bank and what is the petitioner society transacted business with the 2nd respondent bank and utilized the facilities in terms of quantified money. Likewise, nothing is referred in the counter filed by the 2nd respondent in those lines. However, it is not in dispute that the petitioner society deposited the amount of Rs. 1105/- on 17.02.2020 for a period of four years and also deposited Rs. 1 lakh by way of fixed deposit on 20.02.2020 for a period of one year, which is before the end of cooperative year i.e., 31st March, 2020. It is also not out of place to mention that when the elections are scheduled to be held is not forthcoming to disqualify the member of the 2nd respondent bank to participate in election. Right of vote and contest in the elections are arising only on the preparation of eligible voters list in the ensuing elections. In the process of preparation of electoral list, before display of electoral list in the notice board, the Committee may places it before the General body and may disqualify from voting and contesting in the elections by giving an opportunity to the individual member or group member or member of the Apex bank. 12. In the process of preparation of electoral list, before display of electoral list in the notice board, the Committee may places it before the General body and may disqualify from voting and contesting in the elections by giving an opportunity to the individual member or group member or member of the Apex bank. 12. But, the counter filed by the 2nd respondent is silent in all these aspects and also the impugned order does not reveal that when the elections are going to be held and the preparation of eligible voters list to contest in the election shall be prepared as per the General body resolution of the society. Hence, the general contention of the 2nd respondent that the President of petitioner society by name Sri Gandluru Veera Anil Kumar Reddy was the director of the 2nd respondent bank from 18.02.2013 to 03.05.2015 and President of the Bank from 03.05.2015 to 03.08.2019 had not transacted any minimum business with the 2nd respondent bank and utilized the minimum service or facilities. However, the impugned notice was issued as per the resolution of the General body meeting on 27.06.2020 and resolution of the Bank PIC committee meeting on 27.06.2020, are untenable. 13. The contention of the learned counsel for the petitioner that the petitioner society has transacted business during the cooperative year of 2020 i.e., from 01.04.2019 to 31.03.2020 and states that the society transacted the business and utilized the services of the petitioner. Hence, the impugned order is passed, erroneously stating that the petitioner society has not transacted any minimum business and utilized the services and thereby disqualified to contest in the bank Governing Body elections. This Court found force in the arguments advanced by the learned counsel for the petitioner. 14. In view of the above discussion, it is found that the impugned order is passed contrary to the provisions of Sections 25 and 115(d) of the Act, 1964 and Rules 18 and 75(2) of the Rules, 1964. Hence, the impugned order is liable to be set aside. 15. Accordingly, the Writ Petition is allowed, setting aside the impugned proceedings of the 2nd respondent dated 17.12.2020. However, it is left open to the 2nd respondent bank to take appropriate action against the petitioner society for disqualifying from voting and contesting in the 2nd respondent bank elections, as per the provisions of law. No order as to costs. 16. 15. Accordingly, the Writ Petition is allowed, setting aside the impugned proceedings of the 2nd respondent dated 17.12.2020. However, it is left open to the 2nd respondent bank to take appropriate action against the petitioner society for disqualifying from voting and contesting in the 2nd respondent bank elections, as per the provisions of law. No order as to costs. 16. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.