IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 11696 of 2008 Between: P. Venkat Reddy S/o. Venkat Rami Reddy R/o. Bedusupally Village, Nemmalladine Gram Panchayat Sitaramapuram Mandal, Nellore District. ..... PETITIONER AND 1 The District Collector, (Gram Panchayat) Nellore, Nellore District. 2 The Returning Officer, Nemalladilne Gram Panchayat Sitaramapuram Mandal, Nellore District. 3 The District Panchayat Officer, Kavali, Nellore District. 4 The Mandal Parishad Development Officer, Sitaramapuram Mandal, Nellore District. 5 Alle Venkata Subbamma W/o. Late Venkateswarlu R/o. Bedusupally Village, Nemmalladine Gram Panchayat, Sitaramapuram Mandal, Nellore District. .....RESPONDENTS 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 a writ order or direction more particularly one in the nature of writ of Mandamus declare the action of the respondents 1 to 4 in accepting the nomination of 5th Respondent for the post of Sarpanch of Nemalladinna Gram Panchayat Sitaramapuram Mandal, Nellore District which is reserved for B.C. General Amounts to erroneous, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents 1 to 4 to reject the nomination of 5th Respondent. Counsel for the Petitioner: MR.T.C.KRISHNAN Counsel for the Respondent Nos.1 to 3: GP FOR PANCHAYAT RAJ & RURAL DEV. Counsel for the Respondent No.4: Smt.Veda Vani Counsel for the Respondent No.5:--- The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.11696 of 2008 ORDER: Petitioner seeks a declaration that the action of respondents 1 to 4 in accepting the nomination of the fifth respondent for the post of Sarpanch of Nemalladinna Gram Panchayat, Sitaramapuram Mandal, Nellore District is arbitrary and illegal. It is alleged by the petitioner, who claims to be a permanent resident of Bedusupaly village, Nemmalladine Gram Panchayat, that the fifth respondent falls under OC category and as such she is not eligible to contest to the office of Sarpanch of Nemmalladine Gram Panchayat which is reserved for BC. It is to be noted that as per the election schedule, the nominations have to be submitted on 05.06.2008 and the date for scrutiny of nominations is fixed as 10.06.2008. Since the scrutiny has not yet been made, as on today it cannot be said that the nomination of the fifth respondent has been accepted by the respondents 1 to 4. Hence, the allegation of the petitioner is unfounded and it cannot be said that any cause of action has arisen for filing this writ petition. In the circumstances, the writ petition is dismissed as premature. No costs. _______________ 10.06.2008 VGB