( 1 ) THE Andhra Pradesh fishermen s Association filed the present writ petition for a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the action of the respondents in not including the fishermen as voters under the A. P. Farmers management of Irrigation Systems Act, 1997 (Act 11 of 1997) (hereinafter called as "the act" for the purpose of convenience) as arbitrary, illegal, improper and unconstitutional and consequently direct the respondents herein to include all the fishermen as members of the petitioners association as voters under Act by deleting Clause 2 (1 ) (a) of the Act and pass such other suitable orders.

( 2 ) IT is stated that the petitioner- association has been agitating in this regard and also made certain representations. Several other allegations have also been specified in the affidavit filed in support of the writ petition. It is averred that the petitioner s Association is having more than 3 lakh members all over the State of andhra Pradesh. The petitioner-Association has been agitating for the formation of water Users Association. Accordingly the state of Andhra Pradesh has enacted the act forming the Water Users Association in the State of Andhra Pradesh and as the members of the petitioner-Association are interested, they submitted a representation to the Revenue Ministry as well as to the Hon ble Chief Minister seeking inclusion of the fishermen also as the members ofthe said Water Users Association. Though the Hon ble Chief Minister assured the petitioner s Association that proper representation will be given to the members of the petitioner s Association, the same had not been done while preparing the said Enactment. It is averred that the main source of the members of the petitioner- association is fish farming and it is dependent on monsoon. As the Indian monsoons are irregular, the members of the petitioner-Association are depending upon the tanks such as large tanks, medium tanks and major tanks. It is also averred that the fishermen depend on irrigation water and therefore they have got the customary right on the irrigation water and for this reason the fishermen and the ryots are always having differences with regard to the usage of the irrigation water. It is further averred that though in the act the Government made all the persons who are using the irrigated water as the members of the said Association, the government had given rights only to those persons who are possessing ryotwari pass books or in other words landholders alone are given the eligibility for voting and contesting the elections. The fishermen are not given any pass books determining them as the landholders. The entire profession of the fishermen depends upon the irrigated water. The maintenance etc. , of the said tanks also will have effect on the fishermen but the Government had failed to consider the same. Therefore, non-inclusion of the fishermen in the voters list and not making them the members of the said Association is violative of Article 14 of the Constitution of India.

( 3 ) IT was further averred that as per Section 3 (4) of the Act, every Water users Association shall consist of (i) all the water users who are landholders in a water users area; (ii) all the other water users co-opted in a water users area; (iii) members specified in clauses (i) and (ii) and shall constitute the general body for a water Users Association. It means all the users of the irrigated water by way of tanks etc. , are eligible to become the members of the said Association. However, as per sub-clause (v) of Section 3 (4), only members specified in Clause (i) are eligible for voting right and the said Act making only the members who are landholders eligible for voting right is discriminatory. It is also further averred that as per the Act specified supra, to elect the members, president etc. , of the said Association, the concerned District Collector or the Authorised officer has to issue notific

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