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.675 of 2021
(Hybrid Hearing Through video conferencing)
Sudhireddy Lakshmaiah,
S/o Somaiah, aged about 48 years,
R/o H.No.11-60, Gurajala Town,
Gurajala Mandal, Guntur District, A.P.
and others.
..Appellants
Versus
The State of Andhra Pradesh,
Rep., by its Chief Secretary,
General Administration Department,
Secretariat, Velagapudi, Amaravati
and others.
...Respondents
Counsel for the appellants : 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. M. Manohar Reddy Counsel for respondent No.12 : Mr. Vivek Chandra Sekhar HCJ & AVSS,J 2 W.A.No.675 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.24321 of 2021.
2. Challenging the constitution of Gurajala Nagar Panchayat by merging the areas covered under Gurajala Gram Panchayat and Jangamaheswarapuram Gram Panchayat, the appellants/writ petitioners filed W.P.No.24321 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 Gurajala Nagar Panchayat of Guntur District.
3. The learned single Judge having found that the writ petitioners 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, they approached this Court by challenging the constitution of Gurajala 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 petitioners are not entitled to stall the election process.
4. We have heard the learned counsel for the appellants 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.247, Panchayat Raj and Rural Development (E&R) Department, dated 25.01.2020, by which, in exercise of powers conferred under Clauses (f) of sub-section (2) of Section 3 of the Andhra Pradesh Panchayat Raj Act, 1994, the earlier notification HCJ & AVSS,J 3 W.A.No.675 of 2021 issued constituting the Grampanchayats has been cancelled, and (ii) G.O.Ms.No.73 Municipal Administration & Urban Development (G) Department, dated 25.01.2020, 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 Gurajala 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 appellants' 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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