Andhra Pradesh High Court - Amravati
Aketi Satyanarayana vs The State Of Andhra Pradesh on 12 February, 2021
Bench: D.V.S.S.Somayajulu
|
IN THE HIGH COURT OF ANDHRA PRADESH AT sina
(SPECIAL ORIGINAL JURISIDICTION) Wee
FRIDAY , THE TWELFTH DAY OF FEBRUARY %
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU
eno
WRIT PETITION NO: 3411 OF 2021
Between:
Aketi Satyanarayana, S/o Late Pentayya
AND
Petitioner
4. The State of Andhra Pradesh, represented by its Principal Secretary, Panchayat
Raj and Rural: Development. Secretariat, Velagapudi, Guntur District. .
2. The:Andhra Pradesh State Election Commissioner, Rep. by its Secretary, M.G.
Rd, Opp. Indira Gandhi Municipal Stadium, Punammathota, Labbipet, .
Vijayawada _ .
The District Election Officer cum District Collector, Visakhapatnam
The Deputy Election Authority cum Sub-Collector, Narsipatnma, Visakhapatnam.
The Election Returning Officer-cum-Head Master, , MRPeta, School, Sai nagar,
Tuni, East Godavari Dist. a -
_Reddi Varahalu Babu,, S/o.Suryarao, Aged 47 years, Cultivation, R/o. Nyampudi
Village,Nakkapalli Mandal, Visakhapatnam District.
Oo TRY
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 any appropriate writ, order or direction more particularly one in the nature of writ
of Mandamus declaring the action of respondents in accepting the nomination of 6th
respondent inspite of suffering disqualification under section 19 Andhra Pradesh
Panchayat Raj, 1994, as confirmed in E.O.P.No. 4 of 2013, on the file of Principal Junior
Civil Judge -cum Judicial Magistrate 1st class Yellamanchili, Visakhapatnam District, is
illegal, arbitray and contrary to the Andhra Pradesh Panchayat Raj, 1994 and the Rules
made thereunder and consequently direct the respondents to reject the nomination of
the 6th respondent for the post of Sarpanch, of Nyampudi Grampanchayat, Nakkapalli
Mandal, Visakhapatnam District.
1A NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to stay the
election of Nyampudi Grampanchayat Nyampudi, Nakkapalli Mandal, Visakhapatnam
District, pursuant to the notification, dt 29-1-2021, issued by the 27 respondent,
pending disposal of WP 3411 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 S. Subba Reddy
Advocate for the Petitioner and of GP for Panchayat Raj for the Respondent No.1, Sri
N. Ashwani Kumar, Standing Counsel for Respondent Nos.2 and pf GP for Revenue for
Respondent Nos.3 to 5, the Court made the following.
ORDER: |
In view of the Judgment of the Full Bench of Andhra Pradesh High Court
reported in 2004 (6) ALD 587, whatever be the merits of the case, this Court
cannot grant an order at this stage.
Registry is directed to print the names of Assistant Government Pleader
for Panchayat Raj for respondent No.1 and Sri N. Ashwani Kumar, learned
standing counsel for respondent No.2 and Assistant Government Pleader fo?
Revenue for respondent Nos.3 to 5.
Learned counsel for the petitioner is permitted to take personal notice on
respondent No.6 through RPAD and file proof of service.
In the peculiar facts and circumstances of this case, this Court is of the
opinion that the 5" respondent should be directed to file a detailed counter as the
learned counsel for the petitioner states that this copy of the order passed in
Election Original Petition No.4 of 2013 was also filed.
Sd/- M. SURYANATH REDDY
ASSISTANT REGISTR
ITTRUE COPY//
For ASSISTANT REGISTRAR
To -
1. The Principal Secretary, Panchayat Raj and Rural Development, State of Andhra
Pradesh Secretariat, Velagapudi, Guntur District.
The Secretary, Andhra Pradesh State Election Commissioner, M.G. Rd, Opp.
Indira Gandhi Municipal Stadium, Punammathota, Labbipet, Vijayawada
The District Election Officer cum District Collector, Visakhapatnam
The Deputy Election Authority cum Sub-Collector, Narsipatnma, Visakhapatnam.
The Election Returning Officer-cum-Head Master, MRPeta, School, Sai nagar,
Tuni, East Godavari Dist.
Reddi Varahalu Babu,, S/o.Suryarao, Cultivation, R/o. Nyampudi
Village, Nakkapalli Mandal, Visakhapatnam District. (1 to 6 by RPAD)
One CC to Sri S. Subba Reddy, Advocate [OPUC]
Two CCs to GP for Panchayat Raj, High Court of Andhra Pradesh. [OUT]
One CC to Sri N. Ashwini Kumar, Advocate, High Court of A.P. at Amaravati
(OUT)
10.Two CC to GP for Revenue, High Court of A.P. at Amaravati (OUT)
11. One spare copy
Oke ON
OMN
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HIGH COURT
DVSSJ
DATED:12/02/2021
ORDER
WP.No.3411 of 2021
