2005 Supreme(AP) 1061

Andhra Pradesh High Court
Judges : G.ROHINI
Gurazala Siva Prasad - Appellant
Versus
Government Of A.P., rep.by Principal Secretary, Irrigation and CAD Department - Respondent
Decided On : 11-21-05

Headnote:

A. P. Farmers Management of Irrigation systems Act, 1997 - Section 4 (5) - Seeking a declaration that the action of the 1 st respondent in issuing G. O. Rt. No. 510, Irrigation and command Area Development (General. IV) department, dated 24-4-2005 thereby staying the elections to the two Water Users associations namely Kommuru-2 Water users Association and Kakumanu-186 Water users Association along with six other associations purportedly in exercise of the powers conferred under Section 4 (5) of the a. P. Farmers Management of Irrigation systems Act, 1997 and subsequently in issuing G. O. Rt. No. 1039, irrigation and Command Area Development (General. IV) Department, dated 8-7-2005 whereunder earlier order of stay was vacated and the District Collector was requested to conduct elections during the month of december, 2005 along with other Water Users associations as arbitrary and illegal – Held, it is relevant to note that Rule 11 of Election Manual for Farmers Organisation categorically states that if there is only one validly nominated candidate, the Election Officer shall forthwith declare such candidate as duly elected in Form-9 and send the same to the Election Authority and the District Election Authority. From the counter-affidavit filed by the respondents, absolutely no valid reason is forthcoming for not following the said mandate.