Andhra Pradesh High Court - Amravati
R. Narayanaswamy vs State Of Andhra Pradesh, on 12 February, 2021
Bench: D.V.S.S.Somayajulu
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECIAL ORIGINAL JURISIDICITON)
FRIDAY , THE TWELFTH DAY OF FEBRUARY
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION NO: 3562 OF 2021
Between:
R. NarayanaSwamy, S/o Obulesu,.
Petitionéf
AND
1. State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and
Rural Development (E and R)- Department, Secretariat, Velagapudi, Amaravati,
Guntur District.
The State Election Commission, 1stFloor, NewHods Building Opp Indira Gandhi
Municipal Stadium M. G. Road, VISAYAWADA- 520010
The District Collector and District Magistrate, And District Election Authority,
Anantapur District.
The Deputy District Election Authority,, Revenue Divisional Officer, Anantapur
Division, Anantapur District.
The Stage-I Returning Officer,, Govindampalli GramPanchayat, B.K. Samudram
Mandal, Anantapur District.
Mr. G. Sreenivasa Reddy, S/o YerriNagappa, Aged about 42 years, R/o
KothaChedulla village, B. K. SamudramMandal, Anantapur District.
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Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a Writ, Order or Orders or a Direction more particularly one in the nature of Writ of
Mandamus, declaring the impugned order in Rc. No.10/GP Elections/2021, Dt
09.02.2021 issued by the 5" respondent and the order in Re. No. 130/2021, Dt
11.02.2021 passed by 4th respondent and thereby disqualifying the petitioners to
contest in the ensuing elections to be held on 17.02.2021 for the post of Sarpanch of
Chedulla Gram Panchayat, B. K. SamudramMandal, Anantapur District as high handed,
illegal. arbitrary, malafidecontrary to Section 19(3) of the A.P. Panchayat Raj Act, 1994
and violative of principles of natural Justice by setting aside the same and
consequentially direct the 5th respondent to accept my nomination as an eligible
candidate and permit the petitioners to contest in the election to be held on 17.02.2021
for the post of Sarpanch of Chedulla village, B. K. SamudramMandal, Anantapur District
in the interest of justice.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the writ petition, the High Court may be pleased
pleased to direct the 5" respondent to accept the petitioners nomination as a qualified
candidate and permit me to contest in the election to be held on 17.02.2021 for the post
of Sarpanch of Chedulla village, B. K. Samudram Mandal, Anantapur District in the
interest of justice, pending disposal of WP 3562 of 2021, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri A Chandraih Naidu
Advocate for the Petitioner and of GP for Panchayat Raj for the Respondent Nos.1 to 5,
the Court made the following.
ORDER:
Heard learned counsel for the petitioner.
He raises a very serious issues about the manner in which his nomination
was rejected. According to the learned counsel, despite very good and strong
evidence in his favour, the nomination was wrongly rejected and the process of
accepting the nomination has become mere mockery. Therefore he states that in
interim order directing the 5° respondent to accept his nomination and permit
him to contest the election. While appreciating the force with which the argument
is advanced, this Court is precluded from passing any interim order in view of the
Judgment of the Full Bench of Andhra Pradesh High Court reported in 2004 (6)
ALD 587, wherein it is held that even in the cases of improper rejection of a
nomination, the only remedy is an election petition and not writ under Article 226.
Post on 05.03.2021.
in the meanwhile, learned counsel for the petitioner is permitted to take
out personal notice on respondent No.6 through RPAD and file proof of service.
Sd/-T.Madhavi
ASSISTANT REGISTRAR
ITRUECOPY!
___ SECTION OFFICER
For ASSISTANT REGISTRAR
To
4. The Principal Secretary, Panchayat Raj and Rural Development (E and R)-
Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati,
Guntur District.
The State Election Commission, 1stFloor, NewHods Building Opp Indira Gandhi
Municipal Stadium M. G. Road, VIJAYAWADA- 520010
The District Collector and District Magistrate, And District Election Authority,
Anantapur District.
The Deputy District Election Authority,, Revenue Divisional Officer, Anantapur
Division, Anantapur District.
The Stage-I Returning Officer,, Govindampalli GramPanchayat, B.K. Samudram
Mandal, Anantapur District.
Mr. G. Sreenivasa Reddy, S/o YerriNagappa, R/o KothaChedulla village, B. K.
SamudramMandal, Anantapur District.
One CC to Sri A Chandraih Naidu, Advocate [OPUC]
Two CCs to GP for Panchayat Raj, High Court of Andhra Pradesh. [OUT]
One spare copy
Con oO a FY ND
TVR
saa EN ec
HIGH COURT
DVSSJ
DATED:12/02/2021
ORDER
WP.No.3562 of 2021
POST ON 05.03.2021
29 FEB 2021
