WP/27816/2005 of Koleti Annatharamaiah Vs Government of A.P.Irrigation and Command Area on 30 December 2005

ORDER:

The petitioner seeks to issue writ of mandamus declaring the inactionof the respondents in conducting enquiry with regard to 273 bogusvoters, whose names have been included by tampering pahanies inthe voters’ list of Water Users Association of Vallabhi/MallaramVillage, Mudigonda Mandal, Khammam District, and taking steps toproceed with the elections in the 1[st] week of January, 2006 withoutdeleting bogus voters as illegal and arbitrary.

The petitioner submits that with regard to Water Users Associationpreviously the respondents proposed to conduct elections on25.4.2005, but pursuant to the stay order granted by the Governmenton 23.4.2005 the elections were stayed. It is stated that when thevoters list was prepared pursuant to the previous election notification certain irregularities have been committed by the PanchayatSecretary of Vallabhi Gram Panchayat and, therefore, he wassuspended by order dated 20.4.2005 and thereafter a regular enquirywas conducted wherein it was found that certain names have beenillegally included and the names of certain persons have beendeleted in the voters list. It is stated that 273 persons have beenincluded as bogus voters and therefore objections have been filed on2.4.2005, 14.12.2005 and 26.12.2005. But the said objections havenot been considered so far. It is stated that the Government vacatedthe stay on 29.6.2005 and proposing to conduct elections on6.1.2006 along with other Water Users Associations.

Heard the learned counsel for the petitioner and the learnedGovernment Pleader on behalf of the respondents.

I am of the opinion that general objections filed by the petitionerbefore the Mandal Revenue Officer is not of any help after theschedule of the elections has been notified in respect of Water UsersAssociation. The up-dation of voters list is from 1.12.2005 to5.12.2005, publication of voters list in Form ‘D” has to be made on6.12.2005 and the last date for filing objections is 13.12.2005.Though the said voters list was published calling for objections from6.12.2005 to 13.12.2005, the petitioner has not filed any specificobjections specifying the names of the bogus voters enrolled in thevoters list. In the absence of any specific objections, no relief can begranted to the petitioner. However, an appeal is provided under Rule10 of the A.P. Farmers Management of Irrigation Systems(Delineation and Formation of Water Users Association) Rules, 2003.But the petitioner has not filed any appeal against the publication ofvoters list as specified under Rule 9(2) of the said Rules. In theabsence of filing of a specific appeal, I am of the opinion that no reliefcan be granted to the petitioner.

The writ petition is accordingly dismissed. No costs.

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(V.ESWARAIAH, J.)

30.12.2005

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