IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD WEDNESDAY THE TWELVETH DAY OF MAY TWO THOUSAND AND TEN PRESENT THE HONOURABLE SRI JUSTICE V. ESWARAIAH AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI WA.No. 3 6 8 OF 2010. Between: Vepari Laxminarayana … Appellant V/s. Tottadi Venkata Appa Rao & 3-Ors. … Respondents Counsel for the appellant : Sri Taddi Nageswar Rao Counsel for the respondents: GP for Panchayath Raj THE HONOURABLE SRI JUSTICE V. ESWARAIAH AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI. WRIT APPEAL NO. 3 6 8 OF 2010. O R D E R : (Per the Hon’ble Sri Justice V.Eswaraiah) The appellant herein is the petitioner herein in EOP.No. 5 of 2006 on the file of the Court of Junior Civil Judge, Amudalavalasa, Srikakulam district. The said O.P. was filed questioning the election of the first respondent herein, who was elected as sarpanch of Burja Gram Panchayath, Srikakulam district. The election was conducted in the month of July 2006. 2. It is stated that the first respondent was declared as elected on the ground that he secured 882 votes, whereas the appellant herein secured 878 votes. The election petition was filed on the ground that there were irregularities said to have committed by the election authorities was found in favour of the appellant and the election of the first respondent was set aside. As in the recounting of votes, the appellant was found 871 votes and the first respondent got 877 votes and as there is difference of 44 votes said to have been held more in favour of the appellant. While setting aside the election of the first respondent, the appellant was declared elected by an order dated 26-4-2006 in EOP.No. 5 of 2006 by the Junior Civil Judge, Amudalavalasa, Srikakulam district. 3. Aggrieved by the same, the first respondent filed WP.No. 10823 of 2010 and at the admission stage, the learned counsel appearing for the respondent appeared and took time for filing counter and while posting the matter after summer vacation 2010 a direction was issued by an order of this court dated 30-4-2010 that nobody should allow to function as sarpanch until further orders. 4. Thus, we are of the opinion that the said order is only pending admission and as the rights of the appellant have not been decided in any manner and the appellant could have filed an application to vacate the order before the learned single Judge. Without taking the aforesaid recourse, the present writ appeal has been filed pursuant to the order of the Election Tribunal stating that he has taken charge and functioning as sarpanch and pursuant to the order granted by the learned single Judge dated 30-4-2010 and after assuming the charge this court granted the aforesaid order without noticing the fact of taking over charge one day before 29-4- 2010. We are of the opinion that these things can as well be pleaded before the learned single Judge and at this stage we are not inclined to admit this writ appeal. Therefore, liberty is granted to the appellant to approach the learned single Judge and seek vacation of the said order. 5. With the aforesaid liberty, the writ appeal is accordingly dismissed. No costs. _______________________ JUSTICE V. ESWARAIAH ______________________ JUSTICE NOUSHAD ALI 12-05-2010 I s L THE HONOURABLE SRI JUSTICE V. ESWARAIAH AND THE HONOURABLE SRI JUSTICE NOUSHAD ALI W.A..No. 3 6 8 OF 2010 COMPUTER No. VEJ – BUNGALOW COURT MASTER : IsL Date: 12-5-2010