Chilukuri Suneeta, vs The A.P.State Election ...
2021 Latest Caselaw 4383 AP

                                      1




       HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

               MAIN CASE No.:W.P.No.24311 of 2021

                            PROCEEDING SHEET

Sl.
                                           ORDER

No      DATE

2.    28.10.2021   DEV, J
                                W.P.No.24311 of 2021

                        Notice before admission.

                        Sri     Vivek     Chandra       Sekhar,    learned
                   Standing     Counsel         takes   notice    for   the
                   respondent No.1.

                        Learned           Government       Pleader      for

Panchayat Raj takes notice for respondent Nos.2, 3 and 4.

Post the matter on 18.11.2021 for filing counters.

___________ DEV, J I.A.No.1 of 2021

Sri Posani Venkateswarulu, learned counsel for the petitioner submits that the petitioner and one Smt.Danda Rosamma contested for the post of the Sarpanch and Smt.Rosamma was elected as Sarpanch of the Gottipadu Gram Panchayat.

Aggrieved by the same, the petitioner filed Election Petition in E.O.P.No.1 of 2021 on the file of the Court of Principal Junior Civil

Judge-cum-Election Tribunal, Chilakaluripet under the provisions of the Andhra Pradesh Panchayat Raj(Election Tribunals in respect of Gram Panchayats Mandal Parishads and Zilla Parishads) Rules, 1995 framed vide G.O.Ms.No.111 dated 03.03.1995. Notices are ordered and served on the respondents in the Election Petition.

Learned counsel further submitted that while the matter stood thus, Smt.Danda Rosamma, the elected candidate who is the 1st respondent in Election Petition died on 27.06.2021 due to ill health. The death was immediately intimated to the Election Tribunal and to the concerned authorities. The District Panchayat Officer vide orders dated 09.09.2021 appointed Sri Nuvvula Sudhakara Rao as Upa-Sarpanch as in-charge Sarpanch to discharge functions of the Sarpanch.

On 27.09.2021, the State Election Commission issued notification No.1735/SEC- B2/2021 directing the 4th respondent/District Panchayat Officer to prepare and publish electoral rolls of Gram Panchayats to including Gottipadu Gram Panchayat for conducting election to the vacancy of the Sarpanch. Immediately, the petitioner submitted representation dated 08.10.2021 to the State Election Commission and to the District Collector bringing to their notice about filing of the Election Petition and its pendency and

further requesting not to conduct elections by treating the office of Sarpanch of Gottipadu Gram Panchayat as casual vacancy. Meanwhile, the 4th respondent issued press statement on 18.10.2021 published in all telugu daily newspapers on 19.10.2021 informing that as per the directions of the 1st respondent, elections are to be conducted for vacancies of Sarpanch including Gottipadu Gram Panchayat. Aggrieved by the action of the 1st respondent, the present Writ Petition is filed.

Heard learned counsel for the petitioner and the learned Standing Counsel for the 1st respondent and learned Government Pleader for Panchayat Raj and perused the material available on record.

The action of the respondent is against to the law declared by the Hon'ble Apex Court in "Pramod Laxman Gudadhe Vs.Election Commission of India and others1, Election Commission of India Vs. Telangana Rastra Samithi and another2 and judgment of the Punjab and Haryana High Court in Satikar Singh Vs. State Election Commission, Punjab3".

As such, in the Prima facie opinion of this Court, this is a fit case to grant interim

(2018) 7 Sessions Court 550

2011 1 Sessions Court 370

1996 Sessions Court online P & H 189

direction.

Accordingly, there shall be an interim direction as prayed for.

___________ DEV, J 28.10.2021 Note:Furnish C.C. by tomorrow KLPD