IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE D.S.R.VARMA and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 25879 of 2008 Between: Srigiri Padma W/o. Srigiri Ranga Rao Thimmapur Mandal Praja parishad, R/o. H.No.2-10-1046, Jyothi Nagar, Karimnagar. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. By its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 The State Election Commission, Andhra Pradesh, rep. by its Secretary, 3rd Floor, Buddha Bhavan, M.G. Road, Hyderabad. 3 The Collector & District Election Authority, Karimnagar District, Karimnagar. 4 The Thimmapur Mandal Praja Parishad, rep. by its Presiding Officer, Thimmapur Mandal, Karimnagar 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 any writ, order or direction more particularly one in the nature of Mandamus declaring the notification vide No.65/SEC- B1/2007-64 dated 19.11.2008 issued by 2nd respondent herein to conduct election to casual vacancies of President and Vice President of Thimmapur Mandal Praja Parishad and consequential notice dated 21.11.2008 issued by 4th respondent in fixing the date of election as 29.11.2008 as arbitrary, illegal, violative of Section 153(6) of A.P. Panchayat Raj Act, 1994 and consequently by setting aside the same direct the respondents to follow the procedure as contemplated under Section 153(6) of A.P. Panchayat Raj Act, 1994 and pass appropriate orders. Counsel for the Petitioner: MR.P.V.L.BHANU PRAKASH Counsel for the Respondents 1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following : THE HON'BLE MR JUSTICE D.S.R.VARMA AND THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION No.25879 of 2008 ORAL JUDGMENT: (per the HON’BLE SRI JUSTICE D.S.R.VARMA) Sri P.V.L.Bhanu Prakash, learned counsel appearing for the writ petitioner, submits that the cause in this writ petition does not survive since the elections were already conducted. In view of the said fact, there is nothing to be adjudicated upon by this Court in the present writ petition and the same is liable to be dismissed as having become infructuous. The only remedy available to the writ petitioner is to file an appeal under Section 128 of the Andhra Pradesh Panchayat Raj Act, 1994. Accordingly, the writ petition is dismissed as having become infructuous. However, liberty is granted to the writ petitioner to work out his remedies elsewhere, as provided under law. There shall be no order as to costs. _____________________ JUSTICE D.S.R.VARMA ________________________ JUSTICE G.CHANDRAIAH 15th December 2008 DR .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of Andhra Pradesh, rep. By its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad. 2 The State Election Commission, Andhra Pradesh, rep. by its Secretary, 3rd Floor, Buddha Bhavan, M.G. Road, Hyderabad. 3 The Collector & District Election Authority, Karimnagar District, Karimnagar. 4 2 CCS to Government Pleader for Panchayat Raj and Rural Development, High Court Buildings, Hyderabad. (OUT) 5 2CD copies