IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 345 of 2008 Between: Ragala Venkataratnam S/o. Laxmaiah R/o. Krishnapatnam Village, Mutkuru Mandal, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore District, Nellore. 2 The Joint Collector-Cum-Chairman of District Level Secruitny Committee, Nellore, Nellore District. 3 Parri Chengaiah S/o.Kotaiah Nellore District. 4 Koppala Nagabushanam S/o., Subrahmanyam Nellore District. 5 Pedipineni Ramanaiah S/o. Ramaiah Nellore District. .....RESPONDENT(S 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 to issue any writ order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents No.1 & 2 in conducting enquiry vide Proceedings Rc C5(M)1443/2007 basing on the complaint made by the respondents No.3 & 4 which is not maintainable is illegal, arbitrary without jurisidiction volation of Art. 14 of Constitution of India, and also contrary to the order passed in WP No. 17396/2006 dt.28-9-2006 and consequently direct the respondents not to proceed with the enquiry in Rc C5(M)/1443/2007 till the disposal of EOP No. 8/2006 on the file of the Court of the Election Tribunal Cum Principal Junior Civil Judge, Nellore Holding that the complaint made by the respondents No.3 & 4 is not maintainable and pass Counsel for the Petitioner:MR.S.LAKSHMINARAYANA REDDY Counsel for the Respondent Nos.1 and 2: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for the Respondent Nos.3 and 4: Sri P.Sridhar Reddy. The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA W.V.M.P. No.221 of 2008. AND WRIT PETITION NO : 345 of 2008 ORDER: According to the writ petitioner, he belongs to Bestha community and the same was recognized as backward class community under G.O.Ms.No.1793, dated 23.09.1970. He filed his nomination for the post of Sarpanch of Krishnapatnam Grampanchayat as a person belonging to backward class community and he was elected as Sarpanch of the said Grampanchayat. Questioning the said election, the 5th respondent filed Election O.P.No.8 of 2006 on various grounds. On an earlier occasion, the 5th respondent approached this Court and filed a writ petition and the said petition was disposed of at the stage of admission with a direction to the Election Tribunal to decide the said election O.P. within a period of six months. Be that as it may, the respondents 3 and 4, it appears, made a complaint stating that the writ petitioner does not belong to Bestha community and fraudulently, he obtained a community certificate to the effect that he belongs to backward community. On the basis of the said complaint, the Collector i.e., the 1st respondent herein, initiated proceedings as provided for under the Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993. Questioning the same, the petitioner approached this Court and filed the present writ petition. This Court while issuing Rule Nisi, by an order dated 08.01.2008 granted interim stay of all further proceedings. The respondents 3 and 4 have come up with W.P.M.P.NO.221 of 2008 seeking vacation of the said interim orders. Heard the learned Counsel for the writ petitioner, Sri S.Lakshmi Narayana Reddy, learned Counsel for the respondents 3 and 4, Sri P.Sridhar Reddy, and the learned the Government Pleader. I am unable to accept the contention that in view of the pendency of the election petition, there is no necessity for the authorities to conduct an enquiry which is impugned in this writ petition. The Election O.P. is altogether different and distinct. The enquiry which is initiated under Section 5 of the Act and the said provision of law deals with cancellation of false community certificate. In my considered opinion, it is only the Collector who is competent to go into the said aspect and decide as to whether the petitioner belongs to Bestha community or not. Further, it is not as if the said enquiry is against the wishes of the petitioner, but in my considered view, it is to the advantage of the petitioner also. If ultimately, after the enquiry, the Collector holds that the writ petitioner belongs to Bestha community, which is a backward class community, automatically, the election O.P. which he is facing shall be dismissed. As already stated above, the election petition and the enquiry which is initiated by the Collector are altogether different and I am not in acceptance with the above said submission made by the learned Counsel for the petitioner on this aspect. Accordingly, the interim stay granted on 08.01.2008 is hereby vacated and the writ petition is also dismissed. There shall be no order as to costs. _______________________________ GOPALA KRISHNA TAMADA, J. Date:24.03.2008. Note: C.C. in one week. (B/o) GS ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{VSMI}