Andhra Pradesh High Court - Amravati
The State Of Ap vs Kolla Achuta Rama Rao on 20 October, 2022
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HIGH COURT OF ANDHRA PRADESH
CASE NO. W.A. No. 794 of 2022
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
01 20.10.2022 CPK, J & BVLNC, J
I.A. No. 1 of 2022
Heard.
The present application is moved by way of
"Lunch Motion" by the State of Andhra Pradesh,
challenging the Interim Order, dated 19th
October, 2022, passed in Writ Petition No. 34041
of 2022, wherein, the learned Single Judge
directed the elections go on as per schedule, but,
however, results should not be announced for a
period of two weeks. Accordingly, ordered listing
of the case on 03.11.2022.
Sri P.Sudhakar Reddy, learned Additional
Advocate General, mainly submits that, having
regard to the fact that there are about 300 fake
voters and in view of the complaint given by one
Sri. Guthula Bhaskar Rao, relating to threats
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given by some people, a letter was addressed by
the Election Officer, on 15.10.2022, pursuant to
which, the Collector vide proceedings, dated
15.10.2022, i.e., on the same day, postponed the
elections.
Insofar as the inclusion of 300 bogus votes
in the voters list, prima facie the same cannot be
gone into in this petition, since the election
process has commenced in the month of
September, 2022 itself. If there are any
variations, inclusions, deletions and omissions in
the voters list, the appropriate remedy for the
aggrieved person would be by way of filing
election petition, as held by a Division Bench of
this Court in Katta Sivaiah and others vs.
Government of A.P., represented by its
Special Chief Secretary, Agriculture and Co-
operation Dept. and others1.
Coming to the second aspect, namely, the
complaint by G.Bhaskar Rao, having regard to
the law laid down, in the above judgment, the
1
WA No.238 of 2013, dt.26.04.2013
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same cannot be made the basis to postpone the
election process. But, Sri P.Sudhakar Reddy,
learned Advocate General, would submit that the
Collector postponed the election process on
15.10.2022 and, thereafter, on 19.10.2022, the
learned Single Judge directed the authorities to
proceed further with the elections, which
according to him, would be very difficult to print
the ballot papers within this short period and
also make necessary arrangements, as required,
for holding of election.
At this stage, Sri Srinivas Basava, learned
counsel appearing for the respondent, would
submits that, if there is any difficult in holding
elections on 21.10.2022, as per schedule, they
can as well hold elections, a couple of days later,
which will not prejudice anyone. To which, the
learned Government Pleader took time and after
obtaining necessary instructions submits that
they would conduct elections in the first week of
November, 2022.
The same is opposed by the counsel for the
Petitioner saying that such time may not be
necessary for printing ballot papers, which
according to the petitioners is the reason for
seeking postponement of election.
Taking into consideration the facts in issue
and having regard to the circumstances of the
case, the election schedule to be held tomorrow,
will be held on 31.10.2022. It is made clear that
this shall not be a precedent for other cases and
this is only made for the convenience of the
parties. Further the same shall not be taken as a
ground to say that, by virtue of postponement,
the entire process has to be commenced afresh.
I.A. is ordered, accordingly.
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CPK, J
__________
BVLNC, J
Dmr
