IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL f TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: fi1Q OF 2025 /A Between: Challa Durga Surya Rama Venkataratnam, S/o. Srinivasarao, Aged about 30 yrs, 6-20, Near Cinema Hall Centre, Sakhinetipalli, Razole Mandal, Dr.BR Ambedkar Konaseema District-533 251 ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Pradesh, Secretariat Resources Department, Government of Andhra Buildings, Velagapudi, Guntur District. 2. The Commissioner, (Command development authority) Water Resources Department Government of Andhra Pradesh street, Hanumanpet, Vijayawada, Andhra Pradesh area , Namboorivari 520003. 3. The Chief Electoral Officer, State of Andhra Pradesh 4. The District Collector-cum-District Election Officer, Amalapuram, Dr.BR Ambedkar Konaseema District , Vijayawada. . 5. The Revenue Divisional Officer-cum-Divisional Election Officer, Amalapuram Division, Amalapuram, Dr.BR Ambedkar District. Konaseema 6. The Executive Engineer, Water Resource Department Amalapuram, Dr.BR Ambedkar Konaseema District. 7. The Tahasildar-cum-Mandal Election Town, Dr.BR Ambedkar Konaseema District G.C. Division, Officer, RazoleMandal, Razole £ 8. Pinisetti Venkata Swamy, S/o. (late) Ranganadha Swamy, 49 Yrs, Cultivation, R/o D.NO: 1-35, Sivakodu Ambedkar Konaseema District. % Aged about Razole Mandal Dr.BR ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an order or orders or direction may or an appropriate writ more particularly one in nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No.7 in issuing certificate of election, Dt.14-12- 2024 to the 8th respondent herein elected as Member of TC No.4 of Water Users Association, Razoleas illegal Section. 14(5) of The Andhra Pradesh arbitrary, violation of Farmers Management of Irrigation consequently Quash the certificate of election, Dt. Systems Act, 1997 and 14-12-2024 of the 8 respondent issued by the 7*^ Respondent and to declare the election of 8^^" respondent elected as Member of TC No.4 of as Null and Void as per the Farmers Management of Irrigation Water Users Association, Razole, Dt.l4-12-2024 Section. 14(5) of The Andhra Pradesh Systems Act, 1997. lA NO: 1 OF 207.^ Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of certificate of election the 8‘^ respondent elected praying that in the circumstances , Dt. 14-12-2024 of as Member of TC No.4 of Water Users Association, Razole issued by the T'” Respondent pending disposal above writ petition. of the Counsel for the Petitioner: SRI KHAJA KHUTUBUDDIN Counsel for the Respondent Nos.1,2 & 6: GP FOR IRRIGATION Counsel for the Respondent Nos.3,4,5 & 7: GP FOR REVENUE Counsel for the Respondent No.8:SRI CHANDRA SEKHAR ILAPAKURTI The Court made the following: ORDER SHAIK AND CAD APHC010008892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION No: 619/2025 Between: Challa Durga Surya Rama Venkataratnam AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.KHAJA KHUTUBUDDIN SHAIK Counsel for the Respondent(S): 1.CHANDRA SEKHAR ILAPAKURTI 2.GP FOR REVENUE 3.GPFORIRRIANDCAD The Court made the following: ...PETITIONER ...RESPONDENT(S) 2 JS,J W.P.No.619/2025 ORDER; The present writ petition is filed under Article 226 of Constitution of India seeking the following relief; to issue an order or orders or direction or an appropriate writ more particularly one in nature of Writ of Mandamus declaring the action of the Respondents more particularly Respondent No.7 in issuing certificate of election, Dt.14-12- 2024 to the respondent herein elected as Member of TC No.4 TC No.4 of Water Users Association, Razoleas illegal, arbitrary, violation of Section14(5) of The Andhra Pradesh Farmers Management of Irrigation Systems Act,1997 and consequently Quash the certificate of election, Dt 14-12-2024 of the Sf''respondent issued by the 7 Respondent and to Member of TC No.4 of declare the election of^^respondent elected as Water Users Association,Razole, Dt.14-12-2024 as Null and Void as per Section. 14(5) of The Andhra Pradesh Farmers Management ot Irrigation Systems Act, 1997 and to pass ” (in verbatim) the Heard both sides. 2. Learned counsel for the petitioner submits that the 8**^ respondent. Pinisetti Venkata Swamy, has three daughters and contested as a member of of President of the Water Users' Association in Razole, 3. TC No. 4 for the post which is contrary to the provision of Section 14 (5) of the Andhra Pradesh Management of irrigation Systems Act, 1997 (for short 'the Act of contestant should not have more than two children. Farmers 1997’), which states that a respondent should be disqualified from participating in the election on this sole ground. He also submits that the present writ petition is filed because th The 8 orders on the the respondent is evading the matter without passing representation. Chandra Sekhar llapakurthi, learned counsel for the 8*'' respondent, has not filed his counter-affidavit despite several adjournments. The counsel 4. Sri 3 JS,j for the petitioner W.P.No.29596 election. W.P.No.619/2025 issued by this Court in ^ participate in the k submits that under the orders i of 2024 and batch Consequently, the he was 8th respondent permitted to was declared elected. The 7th dated 14-12-2024, respondent issued continue in the post. Since an election certificate foe government has allowing him to not clarified subsection of Education System clarifications 5 of section 14 of the Andhra Act 1997, this Pradesh Farmers Management respondent prays to continue Iin foe said post until are issued. 5. The 6'^ respondent has filed according to the order dated respondent was permitted to a counter-affidavit, contending that, issued by this Court, the 8'^ contest in the Water Users Association 13.12.2024 i of Razole issuing a respondent, as it was issued election. The petitioner has certificate of election dated in violation of Section 14(5) addressed to the 2'^'^ condition under Sub-Section 2018. The 2^^^ questioned the 7'Vspondenfs action in i 14.12.2024 to the 8*'’ of the Act of 1997. On respondent to take 5 of Section 14 of the 12.03.2025 a letter was necessary action to relax the Amended Act No. 4 of respondent, vide Lr.No./Com/CADA/DSO/EIactions to Fos/1/2024 dated 25-02-2025 directed the 7*'" 17(0) of G.O.MS. which defines that; respondent to take necessary action according to Rule Department, dated 11.04.2008 No. 53, l&CAD (Gen. IV) i) The Superintending Engineer authority to issue directions Users Association concerned shall be for the proper functioning of the Water the and remove any member of the territorial 4 JS,J W.P.No.619/2025 constituency or the President or Vice President of any Water Users Association in his jurisdiction under Section 41-A of the Act of 1997. / ii) The Chief Engineer concerned shall be the authority to issue directions for the proper functioning of Distributory Committees and remove any President or Vice-President of a Distributory Committee in his jurisdiction under Section 41-A of the Act. 6. This Court, while disposing of W.P.No.28881 of 2024 and related cases, permitted the petitioner to participate in the elections for both voting and contesting, with the rider that this participation is subject to the final decision of the authorities regarding the issues raised by each petitioner. The petitioner has filed W.P.No.29596 of 2024, seeking a mandamus against respondents 1 to 9 for depriving his right of opportunity to file a nomination for the posts of President, Vice President, and Directors (Territorial Constituency Members) in the ongoing elections for Rajula Water Users Association's Irrigation Village Systems, including major, minor and medium, Rajula village. Razole Mandal, Dr. B.R. Ambedkar KonaseemaDistrict, scheduled for 14.12.2024. The petitioner has challenged Sub-Section (5) of Section 14 of the Act, which prohibits eligible voters from contesting in the Association elections if they have more than two children. A common order was passedin this batch of writ petitions. 5 JS,j W,P.No.619/2025 7. In pursuance of the order issued in the Writ Petition, the 8^*^ respondent ^ was allowed to contest in the elections, and he was elected as the President of the Water Users Association and the President of the Distributory Committee, Razole. However, the respondent, without obtaining the necessary clarification regarding the relaxation of the conditions specified under Sub-Section 5 of Section 14 of the Act, issued a certificate of eiection to the 8th respondent on 14.12.2024. 8. On 22.12.2024, Venkatapathi Keesavadasupalem, Sakhinetipalli Mandal Grievance Cell, vide GOVAP/E/2024/0d03080, one Raja Annumala of made a complaint to the dated 22.12.2024. The objection mentioned has not been considered by the 4 and IS being evaded. When the direction is to participate in the election, subject to the final decision of the authorities the 4 th respondent to date th respondent ought to have sought clarification from the 2"'^ respondent regarding the relaxation of the Be that as it respondent regarding the certification of the election for the 8*^ respondent, the Superintending has issued a show cause notice calling for an explanation within 10 days. condition stipulated under Sub-Section 5 of Section 14 of the Act. may, following the orders issued by the 7 th Engineer 9. Since the respondents have already issued a show cause notice to the 8‘^ respondent calling for his explanation, this Court merits of the case, finds it appropriate to dispose of the without delving into the writ petition by directing the 8'^ respondent to submit his explanation within ten (10) days from 6 JS,J W.P.No.619/2025 today. Upon submission of reasonable appropriate orders, following due procedure, The Writ Petition is such explanation, the respondents shall provide a opportunity for the 8'" respondent to consider it and pass within two (2) weeks thereafter. 10. accordingly disposed of. No order as to costs. As a sequel, n.lsoellaneous petitions. If any, pending shall stand closed. i Sdl- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SE< OFFICER To, 1. The Principal Secretary. Water Resources Pradesh, Government of Andhra Velagapudi Guntur District. 2. The Commissioner, Department, State of Andhra Secretariat Buildings, Pradesh (Command area development Resources Department Government street, Hanumanpet, Vijayawada 3. The Chief Electoral Officer authority) Water of Andhra Pradesh, Namboorivari - Andhra Pradesh 520003. State of Andhra Pradesh Vijayawada.. 4. The District Collector-cum-District Election Officer Amalapuram, Dr.BR Ambedkar Konaseema District 5. The Revenue Divisional Officer Amalapuram Division, -cum-Divisional Election Officer Amalapuram, Dr.BR Ambedkar Konaseema District. 6. The Executive Engineer , „ , ' Resource Department Ama,pu,3n,,Dr.BR Ambedkar Konaseema Disthct. ahas,ldar-cum-Mandal Election Officer Town, Dr.BR Ambedkar Konaseema 8. One CC to Sri Khaja Khutubuddi 9- One CC to Sri Chandra 10. Two CCS to GP for Irrigation [OUT] G.C. Division, Razole Mandal, Razole District, n Shaik, Advocate [OPUC] Advocate[OPUC] and CAD, High Court of Andhra Sekhar llapakurti Pradesh. CCS to GP for Revenue, High Court of Andhra Pradesh . roi jTi 19 /^r\ /-\ high court DATED:24/04/2025 S 30 MAY 2025 , ORDER WP.No.619 of 2025 disposing of the W.P. WITHOUT COSTS