IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE A.V. SESHA SAI
WRIT APPEAL No.676 of 2021
(Hybrid Hearing Through video conferencing)
Duggisetty Haranath,
S/o Swamulu, aged about 52 years,
R/o H.No.B11-315, Nunna Vari Street,
Buchireddypalem Town and Mandal,
SPSR Nellore District, A.P.
..Appellant
Versus
The State of Andhra Pradesh,
Rep., by its Chief Secretary,
General Administration Department,
Secretariat, Velagapudi, Amaravati
and others.
...Respondents
Counsel for the appellant : Mr. Narra Srinivasa Rao Counsel for respondent No.1 : GP for GAD Counsel for respondent Nos.2 to 4 : GP for Panchayat Raj & Rural Development.
Counsel for respondent Nos.5 to 7 : GP for Municipal Administration & Urban Development Counsel for respondent Nos.8, 10 & 11: GP for Revenue Counsel for respondent No.9 : Mr. N. Ranga Reddy Counsel for respondent No.12 : Mr. Vivek Chandra Sekhar HCJ & AVSS,J 2 W.A.No.676 of 2021 ORAL JUDGMENT Dt:27.10.2021 (per Prashant Kumar Mishra, CJ) This appeal is preferred against an order dated 25.10.2021 passed by learned single Judge in I.A.No.1 of 2021 in W.P.No.24574 of 2021.
2. Challenging the constitution of Buchireddypalem Nagar Panchayat by merging Buchireddypalem Gram Panchayat along with four surrounding Grampanchayats/Villages viz., (1) Vavveru, (2) Kattubadipalem (part), (3) Iskapalem (part) and (4) Pallipalem H/o Iskapalem Grampanchayat, the appellant/writ petitioner filed W.P.No.24574 of 2021 along with I.A.No.1 of 2021, an application seeking a direction to respondent No.12 not to issue any election notification for the newly constituted Buchireddypalem Nagar Panchayat of SPSR Nellore District.
3. The learned single Judge having found that the writ petitioner kept quiet for nearly two years after formation of Nagar Panchayat and now, when respondent No.12 is proceeding to conduct elections for the newly constituted Nagar Panchayat, he approached this Court by challenging the constitution of Buchireddypalem Nagar Panchayat and seeking a direction to respondent No.12 not to issue election notification, observed that in the prima facie opinion of the Court, the writ petitioner is not entitled to stall the election process.
4. We have heard the learned counsel for the appellant for some time. However, we are not convinced with his submissions for issuing any direction to respondent No.12 to stall the elections. On perusal of the subject notifications (i) G.O.Ms.No.253, Panchayat Raj and Rural Development (E&R) Department, dated 28.01.2020, by which, in exercise of powers conferred under Clauses (f) of sub-section (2) of Section 3 of HCJ & AVSS,J 3 W.A.No.676 of 2021 the Andhra Pradesh Panchayat Raj Act, 1994, the earlier notification issued constituting the Grampanchayats/villages has been cancelled, and
(ii) G.O.Ms.No.87 Municipal Administration & Urban Development (G) Department, dated 28.01.2020, by which, in exercise of powers conferred under Clause (42-a) of Section 2 of the Andhra Pradesh Municipalities Act, 1965 (the Andhra Pradesh Act No.6 of 1965), read with Rule 2 of the Andhra Pradesh Constitution of Nagar Panchayats and Municipalities Rules, 2019, new Buchireddypalem Nagar Panchayat has been constituted, we are not inclined to take a different view in this matter insofar as the order passed by the learned single Judge is concerned.
5. Accordingly, the Writ Appeal is dismissed. However, any observations made herein shall not affect the appellant's case in the writ petition, which shall be decided by the learned single Judge on its own merits as and when pleadings are complete. We request the learned single Judge to expedite hearing of the writ petition. No costs. Pending miscellaneous applications, if any, shall stand dismissed.
PRASHANT KUMAR MISHRA, CJ A.V. SESHA SAI, J
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