The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.38223 of 2014 Dated 11.12.2014 Between:
Pachigolla Jnanandam and another And State of Andhra Pradesh rep. by its Secretary, Co-operation Department, Secretariat, Hyderabad and 8 others.
…Petitioners …Respondents Counsel for the petitioners: Mr.VVLN.Sarma Counsel for respondent Nos.1 to 3: AGP for Co-operation The Court made the following:
Order:
This Writ Petition is filed for a Mandamus to declare the action of respondent No.4- Election Officer in including the names of respondent Nos.6 to 9 in the final voters’ list of respondent No.5- Society, as illegal and arbitrary.
At the hearing, it has come out that as per the notification, the election is scheduled to take place today.
The learned Assistant Government Pleader for Co-operation, on instructions, submitted that the election is in the process.
As held by the Supreme Court in Shri Sant Sadguru Janardhan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha and another
[1]
vs. State of Maharashtra and others , preparation of voters’ list is an intermediate process of election and the aggrieved party can only approach the Election Tribunal for adjudication of the election dispute.
In the light of the ratio laid down in the above- mentioned case, this Writ Petition is dismissed with liberty to the petitioner to avail the remedy of Election Dispute before the Election Tribunal, if he feels aggrieved by the result of the election.
As a sequel to dismissal of the Writ Petition, WPMP.No.47827 of 2014, filed by the petitioners for interim relief, is dismissed as infructuous.
(C.V.Nagarjuna Reddy, J)
Dt: 11th December, 2014
LUR
[1] (2001) 8 SCC 509