THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.21032 of 2008 ORDER: The petitioner who claims to be the elected President of Distribution Committee No.23, Kankipadu, Krishna District under Irrigation and Command Area Development Department, ﬁled this writ petition seeking a declaration that the election held on 12.09.2008 to the oﬃce of Chairman of Krishna Eastern Delta Project Committee as well as the election of the 3rd respondent as Chairman is arbitrary and illegal. The petitioner, who was also one of the contested candidates alleges that the nomination of the 3rd respondent which was submitted with wrong data was not valid and therefore the same was liable to be rejected. Consequently, according to the petitioner he being the only other candidate, the 2nd respondent ought to have declared him as elected. The petitioner contends that though he raised objections before the 2nd respondent-election oﬃcer pointing out the irregularities and alleging favoritism towards the 3rd respondent, the 2nd respondent failed to consider the same. Hence, the present writ petition with a prayer to set aside the election. At the outset, it is to be noted that Section 26 of the Andhra Pradesh Farmers’ Management of Irrigation Systems Act, 1997 provides that any dispute or difference touching the constitution, management, powers or functions of a farmers’ organization shall be determined and disposed of in the manner prescribed. Under Rule 149 of the Andhra Pradesh Farmers Management of Irrigation Systems (Conduct of Elections) Rules, 2003 (for short, “the Rules”) made in exercise of the Rule making power conferred under the Act, a Tribunal has been constituted to exercise jurisdiction for settlement of election disputes. Rule 154 of the said Rules speciﬁcally provides the procedure to be followed by the Election Tribunal. Since, admittedly, the election was already held on 12.09.2008, in which the 3rd respondent was declared as elected, the allegations made by the petitioner that the election of the 3rd respondent is vitiated on account of several irregularities and illegalities committed by the 2nd respondent, require consideration by the Election Tribunal constituted under the statute and it is not open to the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. Accordingly, granting leave and liberty to the petitioner, the writ petition is dismissed. No costs. 26.09.2008. Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No: 21032 of 2008 Between: Thotakura Kasi Visweswara Rao S/o. Venkata Subbaiah R/o. D.No.5/110, Poranki Village, Penamaluru Mandal, Krishna District. ..... PETITIONER AND 1 The District Election Authority cum District Collector Krishna District at Machilipatnam. 2 Election Officer cum Superintending Engineer Vijayawada Irrigation Circle, Gopal Reddy Road, Vijayawada, Krishna District. 3 Chintapalli Sudheer S/o. Ankineedu, R/o. Unikili Village, Mandavalli Mandal, Krishna District. 4 Tatineni Sivaji S/o. Buchi Sundara Rao, Vijayawada Irrigation Circle, Gopal Reddy Road, Vijayawada, Krishna 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 an appropriate writ, order or direction more particularly in the nature of writ of Mandamus declaring the election held on dt.12-09-2008 for the post of the Chairman of Krishna Eastern Delta Project Committee, conducted by the 2nd Respondent and in declaring the 3rd Respondent as duly elected Chairman as Illegal, Arbitrary, against the principles of natural justice and vitiated by mala fides. Counsel for the Petitioner: Mr. NARESH BYRAPANENI Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following: