Telangana High Court
WP/26984/2006 of Kovvuri Venkata Reddy. Vs The District Election Authority, on 27 December 2006
SRI JUSTICE C.V. RAMULU Wednesday, 27th day of December, 2006 W.P.No.26984 of 2006 Between: Kovvuri Venkata Reddy … Petitioner and The District Election Authority, (Under A.P. Farmers’ Management of Irrigation Systems Act)-cum-District Collector, East Godavari District at
THE HON’BLE SRI JUSTICE C.V. RAMULU
Wednesday, 27thday of December, 2006
W.P.No.26984 of 2006
Between:
Kovvuri Venkata Reddy … Petitioner
and
The District Election Authority,(Under A.P. Farmers’ Management ofIrrigation Systems Act)-cum-DistrictCollector, East Godavari District atKakinada and others … Respondents THE HON’BLE SRI JUSTICE C.V. RAMULU
W.P.No.26984 of 2006
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ORAL ORDER:
This Writ Petition is filed seeking a Mandamus declaring the action of therespondents in postponing the counting of votes indefinitely relating to the electionto the post of Member of Territorial Constituency No.1, Water Users’ Association,Konkuduru, Biccavolu Mandal, East Godavari District held on 27-10-2003 asarbitrary, illegal and contrary to the provisions of the A.P. Farmers Management ofIrrigation Systems (Conduct of Election) Rules,2003 and consequently to direct therespondents to take steps to complete the counting of votes relating to the saidelection forthwith and declare the results.
It appears that the election to the Office of Member of Territorial Constituency No.1,Water Users’ Association, Konkuduru, Biccavolu Mandal, East Godavari District was held on 27-10-2003. Petitioner also contested for the said Office along with others.However, though elections were held, counting of votes was postponed indefinitely.On the representation of the petitioner, the 2[nd] respondent through his Order dated24-4-2005 directed the 3[rd] respondent to conduct counting of votes. Thereafter, the3[rd] respondent issued a notice dated 3-1-2006 informing the contestants that thecounting of votes will be taken up at the Gram Panchayat Office, Konkuduru at 11.00a.m. on 7-1-2006. However, the said counting was also postponed by a notice dated7-1-2006 of the 3[rd] respondent stating that due to unavoidable reasons, counting ofvotes could not be taken up. Thereafter, no steps were taken by the respondents forcounting of votes. In view of the same, the petitioner filed a representation on 16-10-2006 requesting the respondents to take up the counting of votes of the electionsheld on 27-10-2003 immediately and declare the results. Such representation is stillpending and no action has been taken by the respondents so far. Hence, this WritPetition.
Having heard either counsel and having regard to the facts and circumstances of thecase, without expressing any opinion on merits, respondents 1 and 2 are directed toconsider the representation purported to have been made by the petitioner on 16-10-2006 and pass appropriate orders, within a period of three weeks from the date ofreceipt of a copy of this order and communicate the same to the petitioner.
With the above direction, the Writ Petition is disposed of. No order as to costs.
Office to furnishCC within 3 days(B.O.)prk 27-12-2006