IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 13651 of 2008 Between: P. Prathap Reddy S/o. Ramanna R/o. Gotoor Village, Dhanwada Mandal, Mahabubnagar District. ..... PETITIONER AND 1 The Revenue Divisional Officer cum Deputy District Election Authority, Narayanpet Revenue Division, Narayanpet, Mahabubnagar District. 2 The Mandal Revenue Officer, Dhanwada Mandal, Mahabubnagar District. 3 Election Officer (WUA) Unit-IV, Gotoor Pedda Cheruvu Canal, Pedda Chinta Kunta, Dhanwada Mandal, Mahabubnagar District. 4 The Village Secretary, Namely Ram Reddy, Gotoor, Dhanwada Mandal, Mahabubnagar District. 5 Gali Venkat Reddy S/o. Buchi Reddy R/o. Kothapally Village, Dhanwada Mandal, Mahabubnagar District. .....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 to issue a writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing impugned proceedings to conduct elections to the water users association committee of the Pedda Cheruvu situated at Gotoor Village, Dhanwada Mandal, Mahabubnagar District on 29.06.2008 as illegal, arbitrary and contrary to the principles of naturl justice and pass Counsel for the Petitioner:MR.V.RAGHU Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE N.V.RAMANA WRIT PETITION NO.13651 OF 2008 ORAL ORDER: Questioning the action of the respondents 1 and 2 in issuing notification to conduct elections for the post of President of Water Users’ Committee of Pedda Cheruvu situtated at Gotoor, Dhanwada Mandal, Mahabubnagar District on 29.06.2008, the petitioner filed the present writ petition. The petitioner states that when the elections for the Water Users’ Association of Pedda Cheruvu were conducted on 09.01.2008 without considering his objections raised with regard to inclusion of the name of the 5th respondent in the voters’ list, he filed O.P. No.1 of 2008 before the Junior Civil Judge-cum-Election Tribunal at Narayanpet, which is pending. While so, it is the case of the petitioner that the respondents issued the impugned notification to conduct elections for the post of President of the said Association on 29.06.2008 with an intention to do undue favour in favour of the 5th respondent. Hence he filed the present writ petition seeking appropriate directions. Heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader for Revenue. Since the O.P. filed by the petitioner questioning the action of the respondent Nos.1 and 2 in conducting elections to the subject Water Users’ Association on 09.01.2008 by including the name of the 5th respondent in the voters’ list is pending before the Election Tribunal, if he has any grievance against the impugned election notification, the remedy available to him is to move the said Election Tribunal seeking stay of the election notification but not filing the present writ petition by invoking the jurisdiction of this Court under Article 226 of the Constitution of India. Accordingly, the writ petition is disposed of with a direction to the petitioner to move the Junior Civil Judge-cum-Election Tribunal at Narayanpet by filing appropriate application for stay of the impugned election notification and if any such application is filed, it is open for the Election Tribunal to consider the same and pass appropriate orders thereon in accordance with law. No costs. ______________ N.V.RAMANA, J. Date: 27.06.2008 VGSR