1. This petition is filed to dismiss the Election Petition No.4 of 2009 as infructuous.

2. The parties are referred to as they are arrayed in the election petition.

3. The 1st respondent stated that on his resignation as M.L.A. (Member of Legislative Assembly) of 28-Vemulawada Assembly Constituency, a notification to that effect was issued by the Andhra Pradesh Legislature Secretariat to give effect to the resignation from 14-02-2010. A vacancy had arisen for 28-Vemulawada Assembly Constituency, which was not notified for the conduct of by-elections by the Election Commission of India in their Press Note, dated 21-06-2010, while signifying their decision to hold by-elections to fill up ten other prior vacancies. The non-inclusion of Vemulawada Constituency and another Constituency was challenged in W.P. No.14443 of 2010 and the High Court ordered on 30-06-2010 to hold by-elections for 28-Vemulawada Constituency and another Constituency also along with the other ten Constituencies. The election process for the said two Constituencies also had accordingly begun as announced by the Election Commission of India and while the Election Code came into force on 21-06-2010, the n