IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 9538 of 2008 Between: Pallapati Koteswara Rao, s/o. Venkaiah, R/o. Ganapavaram, Raju Palem Mandal, Guntur District. ..... PETITIONER AND 1 The District Collector, Guntur/District Election Authority for conducting elections to the Members of Territorial Constiencies of Water Users Association in District Major and Medium Irrigation Systems of Guntur District. 2 Sri Y. Varaprasada Reddy, Election Officer, 55 Ganapavaram Water Users Associaton-cum-Assistant Engineer, O/o. Executive Engineer, N.S.J.C. (O & M) Division, Sattenpalli, Guntur District. 3 Sri Duggineni Venkata Rao, President, 55 Ganavaram Water Users Association in District Major and Medium Irrigation Systems of Guntur District, R/o. Ganapavaram Village, Rajupalem Mandal, Guntur District. .....RESPONDENTS Counsel for the Petitioner:MR.T.SURYA KARAN REDDY Counsel for the Respondents: AGP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER: This writ petition is filed for a writ of mandamus to declare the inaction of respondent Nos.1 and 2 in filling up of the 11th Territorial Constituency vacancy caused due to the death of Narapusetti Venkaiah and conducting elections to the post of President on 09.01.2008 by issuing notification, dated 04.01.2008 by respondent No.2 as illegal, arbitrary and contrary to Section 15(2) of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997. The petitioner sought for a consequential declaration that the election held to the post of President of 55 Ganapavaram Water Users Association held on 09.01.2008 wherein respondent No.3 was elected as President, as illegal. Heard Sri T.Suryakaran Reddy, learned counsel for the petitioner and perused the record. Though the learned counsel for the petitioner raised issues touching the merits of the case, I am not inclined to consider and adjudicate the same, since the petitioner has an effective remedy of questioning the election of respondent No.3 under Rule 148 read with Rule 149 of the Andhra Pradesh Farmers Management of Irrigation Systems (Conduct of Elections) Rules, 2003 (for short ‘the Rules’). Rule 148 of the Rules reads as under: “Save as otherwise provided, no election held under the Act, whether of a member of Territorial Constituency or President or Vice-President of a Water Users Association, President or Vice- President of Distributory Committee, or Chairman or Vice- Chairman of the Project Committee shall be called in question except by an election petition presented in accordance with the said Rules to the Election Tribunal.” Since the petitioner is left with an effective remedy wherein the issues raised by the petitioner in this writ petition can be more conveniently adjudicated by the Election Tribunal, the writ petition is dismissed. However, in the facts and circumstances of the case, the petitioner is permitted to file an election petition within a period of three (3) weeks from today and on receipt of such petition, the Election Tribunal shall entertain and dispose of the same on merits without raising any objection on the issue of limitation. As a sequel to dismissal of main petition, WPMP.Nos.12609 and 12610 of 2008 filed by the petitioner for interim relief are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 29th APRIL, 2008 Note: issue c.c. in one week. B/o kvni