Sudhireddy Lakshmaiah, vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4362 AP

     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

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

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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