IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 20309 of 2006 Between: Karasala Ramesh S/o. Devadanam Kakumanu (Mandal) Guntur (Dist.) -522 115 ..... PETITIONER AND 1 Chief Election Commissioner, State Election Commission, Government of Andhra Pradesh, Hyderabad. 2 District Election Authority/Dist. Collector, Guntur, Guntur District. 3 Returning Officer, Returu Gram Panchayat, Returu (Village) , Kakumanu (Mandal) Guntur District. 4 Returi Ramesh Babu S/o. Lazar Returu (V), Kakumanu (M), Guntur 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 declaring the action of the 3rd Respondent in allowing the 4th Respondent to be sworn in as Sarpanch of Returu Grama Panchayath even after issuance of election certificate in favour of the petitioner as illegal, arbitrary ad in violative of Rules 62 & 63 of rules relating to A.P. Grampanchayat Raj (Conduct of elections of Members and Sarpanch of rampanchayats, Members of Mandal Parishads and members of Zilla Parishad) Rules, 2006 and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: SMT.A.CHAYA DEVI Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 20309 of 2006 O R D E R: Heard the learned counsel for both the parties. Since the dispute relates to election held under the A.P. Panchayat Raj Act, 1994 and the matter involves disputed questions of fact, the petitioner cannot maintain this writ petition. Accordingly, the writ petition is dismissed granting leave and liberty to the petitioner to work out the appropriate alternative remedy for redressal of his grievance. No costs. ______________ G. ROHINI,J Date: 23-07-2008 KLP