IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 484 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 22/02/2008 in WP NO : 3747 OF 2008 on the file of the High Court.) Between: Velamala Sriramulu S/o. Late Appanna R/o. L.K. Palli, Sarubujjili Mandal, Srikakulam District. ..... APPELLANT AND 1 The District Collector, Srikakulam District. 2 The Mandal Revenue Officer, Cum Election Officer, Srikakulam District. 3 The Election Officer, Yaragam Water Users Association Elections Sarubujjili Mandal, Srikakulam District. .....RESPONDENTS Counsel for the Appellant : MR.G.CHANDRA SHAKHAR RAO Counsel for the Respondents : GP FOR REVENUE The Court made the following : HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 484 of 2008 JUDGMENT : (Per Hon’ble Sri Justice R.Subhash Reddy) This writ appeal is filed by the original petitioner in writ petition No.3747 of 2008, aggrieved by the order dated 22.02.2008, passed by the learned single Judge. 2. In the writ petition, the petitioner has questioned the order dated 09.01.2008, passed by the 3rd respondent. In the aforesaid order, respondent No.3 has stated that the vacancy to the post of President of Yaragam Watar Users Association, Vamshadhara Project, is to be treated as a casual vacancy. The Yaragam Water Users Association is a statutory body constituted under the provisions of Andhra Pradesh Farmers’ Management of Irrigation Systems Act, 1997 (hereinafter referred to as ‘the Act’). The area of jurisdiction of the Association is divided into territories and elections to the Members, President and Vice-President of the Association are governed by the procedure framed under the statutory rules namely Andhra Pradesh Farmers’ Management of Irrigation Systems (Conduct of Elections) Rules, 2003. 3. After conducting elections to Territorial Constituencies, a meeting was convened on 9th January 2008 to hold elections to the posts of President and Vice-President. But however, elections could not take place in view of the objection raised by the petitioner that one of the contesting candidates by name Gurugu Muralimohan Rao was not eligible to contest as per the instructions issued by the Commissioner, Irrigation and Command Area Development in letter No.CAD/DEEI/639/02, dated 28.12.2005. It is stated that on such objection, no decision was taken but the vacancy was declared as a casual vacancy. 4. When the same is questioned, the learned single Judge, by impugned order, dismissed the writ petition on the ground that asmuch as elections were already conducted, the appellant/petitioner can approach the Election Tribunal for redressal of his grievance. But, however, it is submitted by the learned counsel for appellant that the elections were not conducted for the posts of President and Vice-President but the same are re-scheduled, and therefore, they are to be held now. It is further submitted by him that asmuch as the appellant has raised an objection, the Election Officer ought to have decided the representation filed by the appellant. With reference to the above said submission of the learned counsel, it is to be noted that the elections for the post of President and Vice-President were to be held only among the Members, who are elected to Territorial Constituencies. Though the appellant has raised an objection with regard to the alleged disqualification against one Sri Gurugu Muralimohan Rao, but however, it is to be seen that he was already elected as a Member of Territorial Constituency of the Association, and as such, he is eligible to contest for the post of President and Vice-President. Asmuch as the election of the said candidate has become final to the Territorial Constituency, it is not open for the appellant/petitioner to raise such an objection at this stage. 5. Though the learned single Judge has dismissed the writ petition on the ground that elections were already held, but however, we are not inclined to interfere with the order of the learned single Judge asmuch as the election process has begun much earlier and the elections to Territorial Constituencies have already been completed, and as such, no objection can be entertained at the stage of elections for the posts of President and Vice-President. It is well-settled that normally this Court cannot interfere in the matters relating to election, once election notification is issued. Further, in this case, though a disqualification is alleged against one Gurugu Muralimohan Rao, but he is not even made party-respondent in the writ petition or writ appeal. Even in the statutory Rules, there is a Tribunal constituted for the purpose of resolution of election disputes. 5. For the aforementioned reasons, we do not find any merit in this writ appeal, which is accordingly dismissed. No order as to costs. _________________ ANIL R. DAVE, CJ 25th June 2008 ______________________ R. SUBHASH REDDY, J svs/ajr To 1 The District Collector, Srikakulam District. 2 The Mandal Revenue Officer, Cum Election Officer, Srikakulam District. 3 The Election Officer, Yaragam Water Users Association Elections Sarubujjili Mandal, Srikakulam District.