IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 1934 of 2009 Between: Mr. A.V. Nageshwar Rao, S/o. Late A. Venkateswarlu, R/o. 2-2-1136/7, Nallakunta, Hyderabad. ..... PETITIONER AND 1 The Election Commission of India, Nirvachan Sadan, Ashok Road, New Delhi - 110 001. 2 The Chief Electoral Officer, Andhra Pradesh, A.P. Secretariat, Hyderabad. 3 The Returning Officer, Mahaboobnagar-Ranga Reddy -Hyderabad Graduates Contituency and Commissioner and Special Officer, Greater Hyderabad Municipal Corporation, 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 issue an order direction or writ particularly one in the nature of Writ of Mandamus or any other appropriate writ declaring the fax message No. 84/ELECS.F/2009-08 dated 30-1-2009 including letter No. 322/AP- LC/1/2009-CC&BF dated 29-1-2009 issued by the Election Commission of India, as illegal, arbitrary being violative of Article 14 of the constitution and Section 46 of the Representation of People Act, 1950 and consequently set aside the same. Counsel for the Petitioner:MR.G.VIDYASAGAR Counsel for the Respondent No.: R.RAMACHANDRA REDDY,SC FOR MCH 1,2,4&6 The Court made the following : ORDER: (Per Sri V.Eswaraiah, J.) The subject matter of the writ petition relates to the appointment of Polling Agents for election to the Andhra Pradesh Legislative Council. The petitioner questioned the action of the Returning Officer in insisting that the Polling Agents should be voters of the respective booths. As the election to the A.P.Legislative Council is over, nothing survives in this writ petition. The writ petition is accordingly dismissed with liberty to the petitioner to question such imposition of condition in future. No order as to costs. ________________ V.ESWARAIAH, J. ________________ SANJAY KUMAR, J. 31.3.2009 kpr