IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA Writ Petition No. 5913 of 2008 Between: 1. P. Venkata Reddy, s/o Rama Chandrappa, r/o Bonthavaripalle, H/o Rangasamudram, P.T.M. Mandal, Chittoor District. 2. Jagadam Narayanaswamy, s/o Venkatramana, r/o Bonthavaripalle, H/o Rangasamudram, P.T.M. Mandal, Chittoor District. 3. P. Prameela Rani, w/o P. Venkata Reddy, r/o Bonthavaripalle, H/o Rangasamudram, P.T.M. Mandal, Chittoor District. ... PETITIONERS AND 1. The District Collector-cum-District Election Authority, Chittoor, Chittoor District. 2. The Chief Executive Officer-cum-Additional District Election Authority, Chittoor, Chittoor District. 3. The District Panchayat Officer, Chittoor, Chittoor District. 4. The Returning Officer-cum-Mandal Parishad Development Officer, P.T.M. Mandal, Chittoor District. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus, to declare the action of respondents in conducting the Election to the Rangasamudram Mandal Parishad Territorial Constituency on 26-03-2008 without including the entire voters of Bonthavaripalle H/o Rangasamudram Village, P.T.M. Mandal, Chittoor District as illegal, arbitrary and contrary to the spirit of 73 Amendment to the Constitution of India and consequently direct respondents to include the entire voters of Bonthavaripalle village, H/o Rangasamudram village, P.T.M. Mandal, Chittoor District in the voters list of Rangasamudram Gram Panchayat, 2008 and to pass such other orders. Counsel for the Petitioner: Mr. D. KODANDARAMI REDDY Counsel for Respondent No.1: GP for PANCHAYAT RAJ Counsel for Respondent No.2: Mr. V.V.PRABHAKARA RAO Counsel for Respondents 3&4: Ms. Ch. VEDAVANI The Court made the following: ORDER: - This petition is filed seeking a mandamus declaring the action of respondents in conducting the election to Rangasamudram Mandal Parishad Territorial Constituency on 26-03-2008 without including the entire voters of Bonthavaripalle H/o Rangasamudram village as arbitrary and illegal and consequently direct respondents to include the entire voters of Bonthavaripalle H/o Rangasamudram village, P.T.M. Mandal, Chittoor District, in the voters list of Rangasamudram Gram Panchayat, 2008. 2. Heard learned counsel for petitioners, learned Government Pleader for Panchayat Raj, learned counsel for second respondent and learned standing counsel for respondents 3 and 4. 3. Apparently election notification was issued and the schedule is also fixed for the election. As per the schedule, filing of nominations is from 12-03- 2008 to 15-03-2008, scrutiny of nominations is on 16-03-2008, date of withdrawals is on 19-03-2008 and the date of election is on 26-03-2008. No doubt, the law on this aspect is very clear and when an election notification is issued and the election process has already begun, it is not for the Courts sitting under Article 226 of the Constitution of India to decide this sort of issues, because the aggrieved persons have the remedy of filing election petitions before the appropriate forum. Having regard to the said fact, this Court is not inclined to go into the merits of the case. 4. Accordingly, the writ petition is dismissed at the stage of admission. However, it is open to the petitioners to file election petition, if they so choose. ________________________________ JUSTICE GOPALAKRISHNA TAMADA Dt.24-03-2008 GLV ASSISTANT REGISTRAR // TRUE COPY // SECTION OFFICER Copy to: 1. The District Collector-cum-District Election Authority, Chittoor, Chittoor District. 2. The Chief Executive Officer-cum-Additional District Election Authority, Chittoor, Chittoor District. 3. The District Panchayat Officer, Chittoor, Chittoor District. 4. The Returning Officer-cum-Mandal Parishad Development Officer, P.T.M. Mandal, Chittoor District. 5. 2CCs to 6. 2CD copies Form-NIC-OGS/WP{SPJS}