IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE B.PRAKASH RAO and THE HON'BLE SRI JUSTICE R. KANTHA RAO WRIT PETITION No.3024 of 2008 Between: 1 Nargani Venkat Rao S/o.Chinnaiah R/o. Undrajavaram Village, Undrajavaram Mandal, West Godavari District. 2 Malipeddy Venkateswara Rao S/o.Raghavaiah Dwaraka Tirumala Village & Mandal, West Godavari District. 3 Sheik Mustaffa S/o.Galibsaheb, R/o. Jangareddygudem Village & Mandal, West Godavari District. ..... PETITIONERS AND 1 Union of India, rep. by its Secretary, Ministry of Law and Company Affairs, Government of India, Sastry Bhavan, New Delhi. 2 The Election Commission of India, Rep. by its Secretary, Nirvachan Bhavan, Ashoka Road, New Delhi. 3 The Delimitation Commission of India, 2002, rep. by its Ex-Officio Secretary-cum-Secretary to the Election Commission of India, Nirvachan Bhavan, Ashoka Road, New Delhi. 4 State Election Commission, Rep. by its Secretary, Buddha Bhavan, Lower Tank bund Road, Secunderabad. 5 The State of A.P. rep. by its Chief Secretary, Govt. of A.P., Secretariat, Hyderabad. 6 The District Collector-cum-District Election Officer, W.G. District, Eluru. .....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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, a) declaring Article 329 (a) of the Constitution of India as ultra virus, being the violative of basic structure of Constitution; b) to declare Sections 8, 9 and Section 10(2) of the Delimitation Act as unconstitutional and ultra vires Article 81 and 170 of the Constitution and also Articles 14, 325 and 326; c) declaring the Final Notification No. 282/AP/2007-III, dated 31.5.2007 so far as exclusion of villages of Undrajavaram Mandal from Tanuku Assembly Constituency and inclusion of those villages in Nidadavolu Assembly and also the abolition of Attili and Penugonda Assembly constituencies which are abutting each other as illegal, unjust, arbitrary, irrational and violtive of the principles of natural justice, and also violative of Article 14 of the Constitution of India apart from being contrary to Sec.9 of Delimitation Act, 2002 and the guidelines made thereunder; d) to issue a consequential direction to the Respondent not to exclude Undrajavaram Mandal from abutting Tanuku Assembly constituency; and pass such other order or orders. Counsel for the Petitioners: Mr.M.V.Durga Prasad Counsel for the Respondent No.1: Mr.A.Rajashekar Reddy (Asst Solicitor General) Counsel for the Respondent Nos.2 & 3: Smt C. Jayasree Sarathi Counsel for the Respondent No.4: Mr. V.V. Prabhakar Rao Counsel for the Respondent Nos.5 & 6: G.P. for G.A.D. The Court made the following: THE HONOURABLE SRI JUSTICE B. PRAKASH RAO AND THE HONOURABLE SRI JUSTICE R. KANTHA RAO Writ Petition No.3024 of 2008 ORDER: (Per Hon’ble Sri Justice B. Prakash Rao) Heard both sides. The questions involved in this writ petition are no longer res integra. This Court has already decided all those questions in the Judgment, dated 02.05.2008, rendered in W.P.No.11368 of 2007 and batch. Accordingly, following the aforesaid Judgment, the writ petition is dismissed. No order as to costs. ______________________ JUSTICE B.PRAKASH RAO ____________________ JUSTICE R. KANTHA RAO 24th June, 2008. IBL To 1 The Secretary, Union of India, Ministry of Law and Company Affairs, Government of India, Sastry Bhavan, New Delhi. 2 The Secretary, Election Commission of India, Nirvachan Bhavan, Ashoka Road, New Delhi. 3 The Ex-Officio Secretary-cum-Secretary to the Election Commission of India, The Delimitation Commission of India, 2002, Nirvachan Bhavan, Ashoka Road, New Delhi. 4 The Secretary, State Election Commission, Buddha Bhavan, Lower Tank bund Road, Secunderabad. 5 The Chief Secretary, The State of A.P. Govt. of A.P., Secretariat, Hyderabad. 6 The District Collector-cum-District Election Officer, W.G. District, Eluru. 7 Two CD copies