IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION NO.26609 of 2001 Between: 1 P.Subbaiah S/o. Chengaiah R/o. D.NO.9-10-86, New Indira Nagar, Tirupathi, Chittoor DIstrict. 2 B.Subrahmanyam S/o. Yerulaiah R/o. 201, SVT Nagar Tirupathi, Chittoor District. …PETITIONERS AND 1. Government of Andhra Pradesh, Rep by its Secretary Municipal administration, Urban Development Department, Secretariat, Hyderabad. 2. The Commissioner & Director of Municipal Administration, Government of Andhra Pradesh, Hyderabad. 3. The District Collector, Chittoor. 4. The State Election Commissioner, Budha Bhavan, M.G.Road, Secunderabad. 5. The Commissioner, Tirupathi Municipality, Tirupathi ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the action of the respondent in reserving only 2 seats for S.C. Community in Tirupathi Municipality of Councillors as against 3 seats for which the S.C. Community is entitled as arbitrary, illegal, unconstitutional and void and consequently direct the respondent to reserve 3 seats of Councillors in Tirupathi Municipality for S.C. Community. Counsel for the Petitioners: MR.M.P.CHANDRAMOULI Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT. The Court made the following: ORDER: When the first respondent was about to issue notification of Elections to Municipalities in the State of Andhra Pradesh, the third respondent published a draft notification for setting apart certain seats among wards in Municipalities including Tirupathi Municipality. In that context, two seats were reserved for Scheduled Caste Community in Tirupathi Municipality. Assailing the same, the petitioners filed the present Writ Petition seeking a declaration that the action of the respondents in reserving only two seats for Scheduled Caste Community in Tirupathi Municipality is illegal and arbitrary. The petitioners contend that as per the census figures, the respondents ought to have reserve three seats for the people belonging to the Scheduled Caste Community. Though this Court admitted the Writ Petition on 28.12.2001 interim orders were not passed by this Court. In that view of the matter, the cause of action does not survive as Elections were already held. The Writ Petition is therefore dismissed as infructuous. ____________ (V.V.S.RAO, J) 8th September 2004 RRB ASSISTANT REGISTRAR //True Copy// SECTION OFFICER Copy To: 1. The Secretary, Municipal administration, Urban Development Department, Secretariat, Hyderabad. 2. The Commissioner & Director of Municipal Administration, Government of Andhra Pradesh, Hyderabad. 3. The District Collector, Chittoor. 4. The State Election Commissioner, Budha Bhavan, M.G.Road, Secunderabad. 5. The Commissioner, Tirupathi Municipality, Tirupathi. 6. Two CCs to GP for Panchayat Raj & Rural Development, High Court Buildings, Hyderabad (OUT). 7. Two CD copies.