IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND NINE PRESENT: THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.10954 of 2008 Between: Utukuru Srinivasulu ..... PETITIONER AND The Election Tribunal under A.P., Panchayat Raj Act-cum- Principal Junior Civil Judge, Nellore district and another .....RESPONDENTS ORDER: W.V.M.P.No.4090 of 2008 and W.V.M.P.No.445 of 2009 are filed to vacate the interim order dated 29-05-2008 made in W.P.No.10954 of 2008. At the request of the learned counsel on record the writ petition itself is being disposed of finally. The writ petition is filed praying this court to call for records relating to the order dated 30-04-2008 made in I.A.No.358 of 2008 in Election O.P.No.7 of 2006 on the file of the Election Tribunal- cum-Principal Junior Civil Judge, Nellore and pass such other suitable orders. It is stated that the petitioner was elected as Sarpanach of Kodur Gram Panchayat in the elections held on 02-08-2006. It is further stated that the second respondent filed Election O.P.No.7 of 2006 on the file of Election Tribunal-cum- Principal Junior Civil Judge, Nellore praying that he should be declared as elected after recounting of votes by the Tribunal. The petitioner and third respondent filed their counters contesting Election O.P. Evidence of both sides are completed and arguments are advanced and the judgment was reserved on 07-03-2008. Thereafter I.A.No.236 of 2008 was filed on behalf of second respondent to re-open the matter for advancing further arguments. Another I.A.No.358 of 2008 was filed praying for recounting of the votes and the same was ordered by the Election Tribunal by a cryptic order dated 30-04-2008. Hence, the present writ petition. This court had carefully gone through the order under challenge. No doubt the Election Tribunal-cum-Principal Junior Civil Judge, Nellore after referring to the respective stands had formulated the point for consideration at para No.5, recorded the reasons at para Nos.6 to 10 and ultimately allowed the application. The main reason recorded is that even if recounting is ordered, no prejudice would be caused. However, in the light of the nature of the point, this court is of the opinion that instead of allowing the said application the Election Tribunal-cum-Principal Junior Civil Judge, Nellore, could have disposed of the main Election O.P. itself. In the light of the same the order under challenge is set aside with a further direction to the first respondent - the Election Tribunal constituted under the A.P. Panchayat Raj Act-cum- Principal Junior Civil Judge, Nellore, Nellore district to dispose of the Election O.P. itself i.e., Election O.P.No.7 of 2006 at an early date preferably within a period of two months from the date of receipt of a copy of this order. With the above direction to the extent indicated above, the writ petition is allowed. No costs. ___________________ P.S. NARAYANA, J September 2, 2009. PN THE HON'BLE SRI JUSTICE P.S. NARAYANA WRIT PETITION No.10954 of 2008 September 2, 2009