IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No: 5362 of 2008 BETWEEN: Doodala Venkatesh Goud, S/o. D. Yadaiah Goud, R/o. Old 1-81, New 10-137, Brahmanwadi, Shamshabad, Shamshabad Mandal, Ranga Reddy District. ... PETITIONER AND 1 The State Election Commission, 3rd Floor, Budda Bhavan, M.G. Road, Secunderabad, Rep. by its Secretary. 2 The District Collector & District Election Authority, Hyderabad, Ranga Reddy 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 declaring the Notification No. 74-SEC-B1/2007, dated 11.03.2008 issued by the 1st respondent as illegal, arbitrary, biased, unjust, abuse of power and contrary to the Article 243-K of Constitution of India and Rule 7 of the A.P. Panchayat Raj Act (Conduct of Elections) Rules 2006 and consequently to set aside the Notification 74-SEC-B1/2007, dated 11.03.2008 and to pass such other order or orders. Counsel for the Petitioner: MR.KANAKAMEDALA RAVINDRA KUMAR Counsel for the Respondents: MR.V.V.PRABHAKARA RAO The Court made the following: ORDER: (per Hon’ble Sri Justice V. Eswaraiah) Petitioner questions the notification dated 11.03.2008 issued by the State Election Commission in postponing the elections to the Shamshabad-1 Mandal Parishad Territorial Constituency and to issue fresh election notification. 2. Subsequent to the issuance of the fresh election notification, the elections to the said MPTC were conducted on 27.03.2008 and the results were also declared on 28.03.2008. If that be so, the only course open to the petitioner is to file an election petition, if he is aggrieved. The writ petition is accordingly dismissed with a liberty to the petitioner to question the elections conducted pursuant to the fresh election notification, if he is so advised. There shall be no order as to costs. ______________ V. ESWARAIAH, J _____________________ VILAS V. AFZULPURKAR, J January 19, 2009 DSK/CBS