IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINETH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27303 of 2008 Between: 1 A. Pratap Raju, S/o. Rama Raju, R/O. Madanagopalapuram Village, Rajampet Mandal, Kadapa District. 2 S. Venkateswara Babu, S/o. Krishnaiah (Late), R/O. Madanagopalapuram Village, Rajampet Mandal, Kadapa District. 3 Smt. A. Lalithamma, W/o. Raja Raju, R/O. Isukapalle, Madanagopalapuram Village, Rajampet Mandal, Kadapa District. 4 Smt. D. Yellamma, W/o. D. Govinda Raju, R/O. S. Yerraballi, Madanagopalapuram Village, Rajampet Mandal, Kadapa District. 5 G. Pitchi Raju, S/o. Rama Raju, R/O. S. Yerraballi, Madanagopalapuram Village, Rajampet Mandal, Kadapa District. 6 B. Mohan Reddy, S/o. Narasa Reddy, R/O. S. Yerraballi, Madanagopalapuram Village, Rajampet Mandal, Kadapa District. 7 B. Prabhakar Reddy, S/o. Narasa Reddy, R/O. S. Yerraballi, Madanagopalapuram Village, Rajampet Mandal, Kadapa District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development (RWS-III) Department, Secretariat, Hyderabad. 2 The District Panchayat Officer, Kadapa, Kadapa District. 3 The District Collector/District Election Officer, Kadapa, Kadapa District. 4 The Chief Election Commissioner, State Election Commission, III Floor, Budha Bhavan, MG Road, Secunderabad - 500 003. 5 The Commissioner of Panchayat Raj, Government of Andhra Pradesh, Hyderabad. .....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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing a notification on 11-12-2008 by the 3rd respondent in Roc.No. 3757/2006/A2 and the same was published on 12-12-2008 without complying the earlier proceedings in Roc.NO. 3757/20006-A2, dated 1-9- 2008 is illegal, arbitrary and contrary to the section A.P. Panchayat Raj Act and the rules made under and consequently to set aside the notification dated 11-12-2008 issued in Proceedings in Roc.No. 37357/2006/A2 of the 3rd respondent and pass Counsel for the Petitioner:MR.G.V.RAGHAVA REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27303 OF 2008 ORDER : This writ petition is filed seeking a declaration that the notification dated.11-12-2008 issued by the 3rd respondent for conducting elections to the office of the Sarpanch in respect of the Madanagopalapuram village, Rajampet Mandal, Kadapa District as arbitrary and illegal. It is primarily contended by the petitioners that though they made representations pointing out various irregularities in preparation of the voters list, without considering the same, the 3rd respondent issued the election notification. Admittedly the election is scheduled to be conducted today i.e., 29- 12-2008. Hence at this stage the interference by this Court with the election process is not warranted. However the petitioners are at liberty to challenge the election on the grounds that are raised in this writ petition, if they so choose before the appropriate forum. Accordingly the writ petition is disposed of. No costs. ______________ G. ROHINI, J. Dt. 29.12.2008 *TSNR