IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA W.P.No. 15976 of 1998 & W.P.M.P.No. 1162 of 2005 W.P.No. 15976 of 1998 Between: M.Ramachander, S/o Posham, Mandamarri (Post), Mandamarri Mandal, Adilabad Dist. ..... PETITIONER AND 1 The State Election Commission, A.P, Rep. by its Secretary, Ground Floor, Budha Bahvan, M.G.Road, Secunderabad. 2 Principal Secretary to Government, Municipal Administration & Urban Development, Secretariat, Hyderabad. 3 The Commissioner & Director of Municipal Administration., Hyderabad. .....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 Mandamus declaring the action of the 1st respondent in issuing the impugned notification in their No. 680/SEC-F/98-7, dt.29-5-98 seeking to hold election to Mandamarry Municipality which is situated in the Scheduled area in Adilabad district as unconstitutional, illegal and void after declaring that the 1st respondent State Election Commission has no power or jurisdiction to supervise, control or hold elections to Mandamarri Municipality in pursuant to the power conferred upon the State Election Commission as the part IX A of the Constitution of India has not been applied the scheduled area so far and consequently to direct the respondents to refrain from in any way holding elections to the Madamarry Municipality. Counsel for the Petitioner : Mr.MUMMANENI.SRINIVASA RAO Counsel for Respondent No.1 : Mr.K.G.K.PRASAD Counsel for Respondent Nos.2 & 3 : G.P. FOR MUNCIPAL ADMN. W.P.M.P.No. 1162 of 2005 Between: R.Asha Nirmala W/o Sanjeeva Rao. .. Petitioner/Implead Respondent No.4 in W.P.No.15976/98. And 1 M.Ramachander, S/o Posham, Mandamarri (Post), Mandamarri Mandal, Adilabad Dist. 2 The State Election Commission, A.P, Rep. by its Secretary, Ground Floor, Budha Bahvan, M.G.Road, Secunderabad. 3 Principal Secretary to Government, Municipal Administration & Urban Development, Secretariat, Hyderabad. 4 The Commissioner & Director of Municipal Administration Hyderabad. Respondents/Writ petitioner/ Respondents. Petition filed under Rule 16(A) of the Writ Rules praying that in the circumstances in the affidavit filed herein, the High Court may be pleased to implead the petitioner as party respondent No.4 in W.P.No.15976 of 1998 ad to dismiss the same as abated. Counsel for petitioner : Mr.MOKKAPATI PRABHAKAR RAO Counsel for Respondent No.1 : Mr.MUMMANENI.SRINIVASA RAO Counsel for Respondent No.2 : Mr.K.G.K.PRASAD Counsel for Respondents 3 & 4 : G.P. FOR MUNCIPAL ADMN. & U.D. The Court made the following : ORDER: On 4.4.2005, when the writ petition has come up for consideration, learned counsel for the petitioner was absent and there was no representation. Therefore, the matter was directed to be listed on 5.4.2005 under the caption ‘for dismissal’. Today when the matter is taken up for hearing in the forenoon, none appears for the petitioner. The matter was passed over and again taken up at 2.15 p.m., but none appears for the parties and there is no representation. In the circumstances, this writ petition as well as W.P.M.P.No. 1162 of 2005 is dismissed for default/non- prosecution. _____________ N.V.RAMANA, J Date: 5.4.2005 DA/SVV To 1 The Secretary, State Election Commission, A.P, Ground Floor, Budha Bahvan, M.G.Road, Secunderabad. 2 Principal Secretary to Government, Municipal Administration & Urban Development, Secretariat, Hyderabad. 3 The Commissioner & Director of Municipal Administration 4 Two CCs to the G.P. for Municipal Administration & Urban Development, High Court Buildings, Hyderabad (OUT). 5 Two CD copies.