IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SECOND DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO.4605 of 2001 Between: Villa Veera Venkata Nageshwara Rao, S/o Subbarao, R/o 10-2-32/B, Sri Satya Kala Nilayam, Sri Venugopalaswamy Temple Street, R/o Pithapuram, East Godavari District. ...PETITIONER AND 1 State Election Authority Rep By its Commissioner , Budha Bhavan, 3rd Floor, Secunderabad. 2 District Election Authority, Rep By its District Collector, kakinada, East Godavari District. 3 Election officer-cum-municipal Commissioner, Pithaputam municipality, Pithapuram East Godavari District. 4 Assitant Election officer Cum Superinteden(Deputy Tahasidar) M.R.O'Office, kakinada, kakinada, East Godavari District. 5 Mekala Venkata Rao S/o paddaraju, D.no. 10-2-42, R/o Pithapuram, East Godavari District. 6 Yatam Padmanabham, S/o krishnamurthy, D.no. 10-1-125, R/o Pithapuram, East Godavari District. 7 Banda Raghava S/o Tatabbal, D.no. 11-1-137, R/o Pithapuram, East Godavari District. 8 Vangala Sathyanarayana @ Chinnari, S/o Brahma Chainulu, D.no. 14-1-15, R/o Pithapuram, East Godavari District. 9 kotha krishna murthy S/o Nookaraju, Venugopala temple street, Pithapuram, East Godavari District. 10 Grandhi Nagavaraprasad, S/o Ramam, Beside The Ramakrishna Kalayana Mandapam. pedda bazar, Pithapuram, East Godavari 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 will be pleased to issue a Writ Or Certiorari or any other appropriate Writ, order or direction by calling for the records relating to and pertaining to the orders passed in Election OP.No.55/2000 on the file of the Election Tribunal (Senior Civil Judge), Peddapuram, dt: 22.2.2001 and quash the same as illegal, contrary to the A.P. Municipalities Act and the Rules framed there under with a consequential relief to allow the said Election OP as prayed. Counsel for the Petitioner: MR.V.V.L.N.SARMA Counsel for the Respondents: MR.S.NAGESWARA REDDY The Court made the following: THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO.4605 of 2001 ORDER: This Writ Petition is filed seeking a Certiorari to call for the records relating to the order dated 22.02.2001 in Election O.P.No.55 of 2000 on the file of the Election Tribunal (Senior Civil Judge), Peddapuram (“the Tribunal” for brevity) and quash the same. The said Election Petition was filed by the petitioner herein to declare the action of the respondents 3 and 4 in rejecting the nomination of the petitioner for Election to the 14th Ward of Pithapuram Municipality under the A.P. Municipalities Act, 1965 (“the Act” for brevity), as arbitrary and illegal. The said Election Petition was dismissed by the Tribunal by order dated 22.02.2001 recording a finding that the petitioner suffered disqualification under Section 15 (2) (c) of the Act, since as on the date fixed for scrutiny of nomination of Election, he was holding a subsisting lease in respect of a shop belonging to the Municipality. This Writ Petition is filed challenging the said order dated 22.02.2001. Heard the learned counsel for the petitioner. When the matter is taken up for hearing, it is observed that the term of the Office, for which the Election was conducted, expired long back. Hence, nothing survives for adjudication on merits at this stage. Accordingly, the Writ Petition is dismissed as infructuous. No costs. ____________ (G.ROHINI, J) 2nd February 2009 RRB