( 1 ) THE four petitioners in W. P. No. 22277 of 2003 are residents of Chandruni cheruvu village. They filed the writ petition seeking a declaration that the action of the respondents in not including their names in the voters" list of Chanaruni cheruvu Water Users Association (WUA), gudur, Warangal District as illegal, arbitrary and contrary to the provisions of the a. P. Farmers Management of Irrigation systems Act, 1997 ( the Act ). They also seek a consequential direction to include their names in the voters list of Chandruni cheruvu WUA, Gudur.

( 2 ) THE case of the petitioners in brief is as follows. The petitioners claim that they are owners of agricultural lands in various survey numbers. They also claim that they are cultivating the land under the ayacut of Chandrum Cheruvu minor irrigation tank situated at Gudur village. They allege that they are members of the WUA. Since there was no election for WUA, a temporary panel of members constituted by the executive committee was approved by the Revenue Divisional Officer, Narsampet, by an order dated 12-1-2003. The second petitioner s name was also included as one of nominated territorial constituency members.

( 3 ) THE second respondent issued a public notice of election to fix territorial constituency of Chandruni Cheruvu WUA. The election is scheduled on 23-10-2003. When the voters list was released, the names of the petitioners were not included. The petitioners brought it to the notice of the second respondent that they requested to include their names in the voters list, in vain. Therefore, they filed the present writ petition.

( 4 ) IN W. P. No. 22293 of 2003, the sole petitioner is a resident of Guduru village in Warangal District. He claims that he owns an extent of Acs. 2. 14 gts. in Sy. No. 515 of Guduru village under the ayacut of minor irrigation tank known as Kodicheruvu in guduru village. When the voters list was released on the eye of elections to kodicheruvu Water User Association to be held on 23-10-2003, the petitioner s name was not included. He alleges that the brought it to the notice of the second respondent, in vain. Therefore, he filed the writ petition contending that as he is a ayacutdar his name should be included in the voters list.

( 5 ) WHEN the writ petitions came up for admission on 22-10-2003. as the election is scheduled on 23-10-2003. learned government Pleader for Irrigation was directed to get instructions. Today, the matter was heard at length. Learned counsel for the petitioners submits that the petitioners own land and they are cultivating the same in the ayacut of Chandruni Cheruvu village. Therefore, as ser Section 3 of the act they are deemed to be members of the WUA.

( 6 ) THEY also contend that ail the members of the WUA should be included in the voters list and non-inclusion of their names would defeat their democratic right to participate die election. Therefore, they seek a direction from this Court to include their names and allow them to Participate in the election.

( 7 ) LEARNED Government Pleader for irrigation submits that A. P. Farmers management of Irrigation Systems Act, 1997 as well as A. P, Farmers Management of irrigation Systems (Delineation and formation of Water Users Associations) rules, 2003 ( the Rules ) provide for procedure for preparation of electoral rolls and- conduct of elections. A person who is aggrieved by any discrepancies in the voters list, is required to file objections. The petitioner filed objections on 20-5-2003, when their representation was not considered and the final voters list was prepared, they have a right of appeal under Rule 10 of the Rules, They have not availed the remedy of appeal for inclusion of their names. The question raised is one of disputed fact, which cannot be adjudicated in Writ Petition. Therefore, he would urge on the eve of election scheduled on 23-10-2003, the writ prayer cannot be granted.

( 8 ) TO appreciate the controversy, it is necessar