THE HON’BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.1190 of 2008 (Dated: 29-01-2008) Between: Sri Mamidivaru Gangaram S/o Chinnappa Occ: Agriculture, President, WUA Boppasapalli (WUA No.10) Birkur Mandal, Nizamabad District and others …Petitioners A n d Government of Andhra Pradesh, rep. by its Secretary, Department of Irrigation & CAD Department, Secretariat, Hyderabad. ….Respondents ORDER: The matter is coming up for admission. 2. Learned Assistant Government Pleader for Irrigation had taken notice on 25.1.2008 and requested time to get instructions. Today, the learned Assistant Government Pleader for Irrigation had placed written instructions before this Court. 3. The writ petitioners filed the present writ petition for a writ of mandamus declaring elections to the President of Birkur Distributory Committee No II of Nizamabad District scheduled to be held on 01-02- 2008 in pursuance of notification issued by the respondent vide Lr.No.COM/CAD/AR/639, dt: 22-11-2007, as illegal, arbitrary and violative of Rule 15 of the A.P. Farmers Conduct of Elections 2003, and to pass such other orders. 4. Several facts had been narrated in paras 2,3, 4, 5, 6, 7 and 8 of the affidavit filed in support of the writ petition. The orders made by this Court in Writ Petition No.10766 of 2005 had been referred to in the said affidavit filed in support of the petition. The letter dated 25.1.2008 addressed by the Commissioner, CAD & Principal Secretary to Govt., I & CAD Department to the District Collector, District Election Authority, Nizamabad District, Nizamabad is placed before this Court and it reads as under: “ Sub: WUA elections 2008 – Damarancha WUA, Birkur Mandal, Nizamabad District – Reg. Ref : Representation of farmers of Damarancha WUA, Birkur (M), Nizamabad District, Dated 25-01-2008. * * * The farmers of Damarancha WUA of Nizamsagar Project have represented that election to the WUA President and Vice President, which is being conducted on 28-01-2008, is to be postponed as there are only 5 TC members in WUA whereas the minimum required TC members are 6 TCs. They have represented that elections to only 4 TCs have been conducted on 09-01- 2008 and 7 T.Cs have not been notified, which are vacant for various reasons. It is represented that President and Vice President elections are not conducted during April 2005 elections stay was given by the Government vide G.O.Rt.No.511, dt:24-04-2005 . Later on the stay is vacated vide G.O.Rt.No.1039, dt:08-07-2005 and requested to conduct the elections in December 2005. But the elections to the retired vacancies (4 T.Cs), President and Vice-President were not conducted in January 2006 elections. The District Collector requested the Tahsildar, Birkur Mandal (Lr dated 24-01-2008) to conduct the Election of President and Vice President of the WUA as per the Hon’ble High Court orders in W.P.No.10766 of 2005 dated 20-11-2006 that G.O.Rt.No.511, I & CAD (Gen.IV) Dept., dt:24-04-2005 is set aside and the Election Officer is directed to go ahead with the elections from the stage where it was stopped. The action in conducting election to Damarancha WUA is delayed as per the Government orders and Hon’ble High Court orders and not filling up 7 TC vacancies has caused a situation that only 5 T.C members are left in the Water Users Association. As per Rule 88(4) of Election Manual “ Election shall be conducted for the post of President and Vice- President, in case fifty percent of total Territorial Constituency posts are filled up”. For this particular WUA the election for the remaining TCs is not notified. As such conduct of elections with 5 TC members is not correct and hence the District Collector is required to rectify the anomaly to conduct the elections to the remaining 7 TC members while fixing the responsibility on the officers who has not followed the Government and Hon’ble High Court directions. As such, the District Collector is requested to verify the facts given in the representation and furnish a report immediately. Meanwhile the election to the President and Vice President of Damarancha Water Users Association scheduled on 28-01-2008 and DC election pertaining to this WUA scheduled on 01-02-2008 is re- scheduled and conduct the WUA and DC election as per the schedule enclosed duly conducting election to the remaining TCs.” 5. The Election Schedule for the Water Users Associations specified by the Commissioner, CAD & Election Authority had been placed before this Court and the same reads as under: “ ELECTION SCHEDULE FOR THE WATER USERS ASSOCIATIONS WUA election schedule Updating of voters list : 29-01-2008 to (Since updating was also not done) 31-01-2008 Publication of voters list in Form D : 01-02-2008 Last date for filling objections : 08-02-2008 Final Publication of voters list in Form-I : 09-02-2008 Election Schedule 1. Issue of Election Notification by the Collector: 11-02-2008 2. Publication of list Polling Stations : 11-02-2008 3. Last date for receipt of objections on polling : 12-02-2008 Stations 4. Final notification on Polling Stations :13-02-2008 5. Appointment of Poling Personnel and trg. :14-02-2008 6. Issue of notification by the Election Officer : 15-02-2008 7. Election to the Water Users Association : 18-02-2008& 19-02-2008 DC of election schedule 1. Notification by District Collector : 21-02-2008 2. Appointment and Training of Polling : 22-02-2008 personnel 3. Date of Notice to be sent to WUA Presidents: 23-02-2008 by Registered Post (Form 3C) 4. Elections to Distributory Committee : 29-02-2008 Sd/- Commissioner, CAD & Election Authority” 6. In the light of the specific instructions placed before this Court referred to supra, this Court is of the considered opinion that no further orders need be passed. 7. Accordingly, the writ petition is disposed of. No order as to costs. __________________ P.S.NARAYANA, J 29-01-2008 RAR THE HON’BLE SRI JUSTICE P.S.NARAYANA Writ Petition No.1190 of 2008 (Dated: 29-01-2008)