IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 9173 of 2005 Between: P. Purender Reddy S/o. Bujji Reddy R/o. Vidavaluru Village, Vidavalur Mandal, Nellore District. ..... PETITIONER AND 1 The District Collector, Nellore - Cum- Election Authority under A.P. Farmers management of Irrigation systems Act, 1997. 2 The Revenue Divisional Officer, Kavali, Nellore District. 3 The Mandal Revenue Officer, Vidavalur-cum- Election Officer, Vidavaluru Water Users Association, Vidavaluru, Nellore 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 order, writ or direction more particularly in the nature of writ of Mandamus Under Article 226 of the Constitution of India declaring the action of 1st Respondent in not considering the appeals submitted by the petitioner dt. 15-4-2005 for deletion of the names of the persons, who do not own any land within the area of operation of Vidavaluru Water Users Association and the action of the 3rd Respondent in seeking to hold elections without correcting the defects in the voters list as illegal, arbitrary, unjust and violative of the provisions of A.P. Farmers Management of Irrigation Systems Act and the Rules made thereunder and consequently direct the 1st Respondent to consider and dispose of the appeal dt. 15-4-2005 before proceeding with the elections and also direct the 3rd respondent to correct the voters list by deleting the ineligible voters and pass such order are orders that the Honourable Court may deem fit and proper in the interest of Justice. Counsel for the Petitioner: MR.P.SRIDHAR REDDY, Advocate. Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court at the stage of admission made the following : ORAL ORDER: Petitioner seeks declaration that the action of the respondents in holding elections for the Vidavaluru village Water Users Association on 25.4.2005, pending his appeal, as illegal and arbitrary and contrary to the A.P. Farmers’ Management of Irrigation Systems (Delineation and formation of Water Users Associations) Rules, 2003. As seen from the record, the voters’ list was published on 4-4-2005 and that the petitioner filed his objections before the District Collector on 15.4.2005 i.e. beyond seven days. But, as prescribed under the amended Rule 10 of the Rules, the appeal has to be filed within seven days from the date of publishing the voters’ list, raising any objections. Since the petitioner has not preferred his appeal within the time limit, prescribed under the Rules, question of considering the objections raised by the petitioner does not arise. Therefore, the writ petition is dismissed at the stage of admission. However, this order of dismissal does not preclude the petitioner to question the validity of the voters’ list. -------------------- 21-04-2005 To 1 The District Collector, Nellore - Cum- Election Authority under A.P. Farmers Act, 1997. 2 The Revenue Divisional Officer, Kavali, Nellore District. 3 The Mandal Revenue Officer, Vidavalur-cum- Election Officer, Vidavaluru Water Users, Nellore District. 4 Two CCs to GP for IRRIGATION & COMM AREA DEV. High Court buildings, Hyderabad. 5 Two CD copies.