IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.21848 of 2006 Between: G.Chinnabba S/o.Gundaiah R/o.M.Nasampalli village, Mukkalathur Post, G.D.Nellore Mandal, Chittoor District. ..... PETITIONER AND 1 The state Election commissioner, 3rd floor, Buddha Bhavan, M.G.Road, Secunderabad. 2 The District Collector and the Election Authority, Chittoor District. 3 The state II Election officer cum returning Officer, Mukkalathur Gram Panchayat, G.D.Nellore Mandal, Chittoor District. 4 The Mandal Development Officer, G.D.Nellore Mandal, Chittoor District. 5 Sri.Immanuyal S/o.A.Subrahmaniyam Mukkalathur Gram Panchayat, G.D.Nellore Mandal, Chittoor 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 an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.3 declaring the conduct of elections for the office of t h e Upa-Sarpanch of Mukkalathur Gram Panchayat, G.D.Nellore Mandal, Chittoor District held on 18.08.2006 as illegal, arbitrary, contrary to the provisions of the Andhra Pradesh Panchayat Raj (Conduct of elections) Rules, 1994 and consequently set aside the same and pass such other order or orders. Counsel for the Petitioner: KOTHAPALLI RAM MOHAN CHOWDARY Counsel for the Respondents: MR.V.V.PRABHAKARA RAO G.P. FOR PANCHAYAT RAJ & RURAL DEV. MR. K. UPENDER REDDY The Court made the following: THE HONOURABLE MS JUSTICE G.ROHINI WRIT PETITION No.21848 of 2006 ORDER: Since the petitioner is challenging the election of the 5th respondent as Upa Sarpanch, this writ petition cannot be maintained under Article 226 of the Constitution of India. Accordingly, granting leave and liberty to the petitioner to workout the appropriate remedy, the writ petition is dismissed. No order as to costs. ________________ JUSTICE G.ROHINI 21st July, 2008. IBL