Telangana High Court
WP/27303/2008 of A. Pratap Raju, Vs The Government of Andhra Pradesh, on 29 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27303 of 2008 Between: 1 A . Pratap Raju, S/o. Rama Raju, R/O. Madanagopalapuram Village,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
MONDAY, THE TWENTY NINETH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MS JUSTICE G.ROHINIWRIT PETITION NO : 27303 of 2008
Between:
1 A. Pratap Raju, S/o. Rama Raju,
R/O. Madanagopalapuram Village, Rajampet Mandal, Kadapa District.
2 S. Venkateswara Babu, S/o. Krishnaiah (Late), R/O. Madanagopalapuram Village, Rajampet Mandal, Kadapa District.3 Smt. A. Lalithamma, W/o. Raja Raju, R/O. Isukapalle, Madanagopalapuram Village, Rajampet Mandal,Kadapa District.
4 Smt. D. Yellamma, W/o. D. Govinda Raju, R/O. S. Yerraballi, Madanagopalapuram Village, Rajampet Mandal,Kadapa District.
5 G. Pitchi Raju, S/o. Rama Raju,
R/O. S. Yerraballi, Madanagopalapuram Village, Rajampet Mandal,Kadapa District.
6 B. Mohan Reddy, S/o. Narasa Reddy,
R/O. S. Yerraballi, Madanagopalapuram Village, Rajampet Mandal,Kadapa District.
7 B. Prabhakar Reddy, S/o. Narasa Reddy, R/O. S. Yerraballi, Madanagopalapuram Village, Rajampet Mandal,Kadapa District.
..... PETITIONER(S)
AND
1 The Government of Andhra Pradesh, Rep. by its Principal Secretary,Panchayat Raj and Rural Development (RWS-III) Department, Secretariat, Hyderabad.
2 The District Panchayat Officer, Kadapa, Kadapa District.
3 The District Collector/District Election Officer, Kadapa, KadapaDistrict.
4 The Chief Election Commissioner, State Election Commission, III Floor, Budha Bhavan, MG Road, Secunderabad - 500 003.5 The Commissioner of Panchayat Raj, Government of AndhraPradesh, Hyderabad.
.....RESPONDENT(S)
the circumstances stated in the Affidavit filed herein the High Court will bepleased to to issue a Writ, Order or direction more particularly one in thenature of Writ of Mandamus declaring the action of the respondents inissuing a notification on 11-12-2008 by the 3rd respondent in Roc.No.3757/2006/A2 and the same was published on 12-12-2008 withoutcomplying the earlier proceedings in Roc.NO. 3757/20006-A2, dated 1-9-2008 is illegal, arbitrary and contrary to the section A.P. Panchayat RajAct and the rules made under and consequently to set aside thenotification dated 11-12-2008 issued in Proceedings in Roc.No.37357/2006/A2 of the 3rd respondent and pass Counsel for the Petitioner:MR.G.V.RAGHAVA REDDY
Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ &RURAL DEV.
The Court made the following :
THE HON’BLE Ms. JUSTICE G. ROHINIWRIT PETITION No.27303 OF 2008
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ORDER :
This writ petition is filed seeking a declaration that the notificationdated.11-12-2008 issued by the 3[rd] respondent for conducting elections tothe office of the Sarpanch in respect of the Madanagopalapuram village,Rajampet Mandal, Kadapa District as arbitrary and illegal.
It is primarily contended by the petitioners that though they maderepresentations pointing out various irregularities in preparation of thevoters list, without considering the same, the 3[rd] respondent issued theelection notification.
Admittedly the election is scheduled to be conducted today i.e., 29-12-2008. Hence at this stage the interference by this Court with theelection process is not warranted. However the petitioners are at liberty tochallenge the election on the grounds that are raised in this writ petition, ifthey so choose before the appropriate forum.
Accordingly the writ petition is disposed of. No costs.
Dt. 29.12.2008
*TSNR
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G. ROHINI, J.