Andhra Pradesh High Court - Amravati
Danaboyina Santosha Rupavani, vs Shaik Jabeen on 8 October, 2021
IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
HON'BLE Mr. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
&
HON'BLE Mr. JUSTICE NINALA JAYASURYA
I.A.No.1 of 2021
in
WRIT APPEAL No.646 of 2021
and
WRIT APPEAL No.646 of 2021
(Through Video-Conferencing)
Danaboyina Santosha Rupavani, W/o. Venkateswara,
Aged about 38 years, D.No.1-88A, Emani, Guntur,
Andhra Pradesh Applicant/ Appellant
Versus
Shaik Jabeen, W/o. Shaik Sadik, aged about 26 years,
Occ: MPP member, R/o.5/199, Chiluvuru, Guntur,
Andhra Pradesh, and others ... Respondents
Counsel for the applicant/appellant : Mr. S. Lakshminarayana Reddy
Counsel for respondent No.1 : Mr. D. Srinivas, Sr. Counsel assisted
by Mr. G. Subba Rao
Counsel for respondent No.2, 4 & 7 : Mr. Syed Khader Masthan
Counsel for respondent No.3 : Mr. Vivek S Chandrasekhar
ORAL JUDGMENT
Dt:08.10.2021
(Arup Kumar Goswami, CJ)
Heard Mr. S. Lakshminarayana Reddy, learned counsel for the
applicant/appellant, Mr. D. Srinivas, learned senior counsel assisted by
Mr. G. Subba Rao - learned counsel for respondent No.1, Mr. Syed Khader
Masthan, learned Government Pleader appearing for respondent Nos.2, 4 to 7
and Mr. Vivek S Chandrasekhar, learned standing counsel for respondent
No.3.
2. I.A.No.1 of 2021 is an application for grant of leave to appeal against
the order dated 07.10.2021 passed in W.P.No.23133 of 2021.
3. The case of writ petitioner (respondent No.1) is that she belongs to
Shaik caste and the same is categorised as BC-E category. She was elected
to MPTC from Chiluvuru-1. The post of President of Mandal Praja Parishad,
2 HCJ & NJS,J
I.A.No.1 of 2021 in/and
W.A.No.646 of 2021
Duggirala Mandal, Guntur District is reserved for BC Category and she was
selected by TDP/Jana Sena parties to contest as President of Mandal Praja
Parishad. She prayed for a caste certificate along with relevant materials on
20.09.2021 so as to enable her to contest the election for the post of
President, which was originally scheduled on 24.09.2021. As no prompt
action was taken by the authorities, she filed W.P.No.21353 of 2021. During
the pendency of the said writ petition, her application was rejected by
proceedings dated 22.09.2021. Against rejection of her application, she filed
an appeal before respondent No.3 on 24.09.2021.
4. The election, however, could not take place on 24.09.2021 due to lack
of quorum and subsequently, by notification dated 01.10.2021, the same was
scheduled today, i.e. on 08.10.2021.
5. The applicant has sought for grant of leave to prefer appeal on the
ground that because of the stay of the election process by the learned single
Judge by the order impugned, her right to contest for the election for the post
of President, Mandal Praja Parishad, Duggirala Mandal, Guntur District, is
impinged. However, she has not mentioned in the affidavit filed in I.A.No.1 of
2021 as well as in the writ appeal that she belongs to BC category. In order to
be absolutely certain as to whether any such averments are made, we asked
Mr. Lakshminarayana Reddy as to whether any such averment that the
applicant belongs to BC category is made. Mr. Reddy fairly submits that no
such averment is made either in I.A.No.1 of 2021 or in the appeal.
6. In that view of the matter, we see no good ground to grant leave to
appeal and, accordingly, I.A.No.1 of 2021 is dismissed.
7. Consequently, W.A.No.646 of 2021 shall stand dismissed. No order as
to costs. Pending miscellaneous applications, if any, shall stand closed.
ARUP KUMAR GOSWAMI, CJ NINALA JAYASURYA, J
MRR
