N Prem Kumar vs The State Of Andhra Pradesh
2022 Latest Caselaw 6957 AP

Citation : 2022 Latest Caselaw 6957 AP
Judgement Date : 14 September, 2022

Andhra Pradesh High Court - Amravati

N Prem Kumar vs The State Of Andhra Pradesh on 14 September, 2022

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.22161 of 2022

JUDGMENT:-

1.    Heard Sri Harinath Reddy Soma, learned counsel for the

petitioner and learned Assistant Government Pleader for Law

and Legislature for the respondent Nos.1 and 4, Sri Suresh

Kumar Reddy Kalava, learned Standing Counsel for the

respondent    No.2   and    Sri   Vivek     Chandrashekar,         learned

Standing Counsel for the respondent No.3.

2.    With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

3.    This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-


             "Hence, the petitioner prays that this Hon'ble Court
       may be pleased to issue Writ, order or direction more
       particularly one in the nature of Writ of Mandamus
       declaring the action of the Respondent not in not notifying
       the Election Tribunal in so far as Chittoor District consent
       U/Sec-75(1) of GHMC Act as illegal, arbitrary and contrary
       to Art 14 of Constitution of India and consequently direct
       the Respondent no.1 to notify an Election Tribunal for
       conducting Trial of Election Petition pertaining to the
       Municipal   Corporation    of   Chittoor   under   Sec-75    of
       Municipal Corporation Act and pass such other order or
                                      2


        orders as this Hon'ble Court may deem fit and proper in
        the circumstances of the case."

4.     Learned Government Pleader for Home has filed memo

vide U.S.R.No.62056 of 2022, dated 12.09.2022 annexing the

copy of the G.O.Ms.No.135 dated 07.09.2022 on the subject of

constitution of the Election Tribunals under the Municipal

Corporation Act, 1955. The said G.O.Ms.No.135 reads as

under:-

                  "Government of Andhra Pradesh
                              ABSTRACT
Home (Courts-A) Department - Election Tribunals - Designating the
Courts of Principal District Judge, in all the Districts as Election
Tribunals of Election Petitions pertaining to their respective Municipal
Corporations - Orders - Issued.
            LAW(LA&J-HOME-COURTS-A) DEPARTMENT

G.O.Ms.No.135
                                                       Dated:07-09-2022
                                                     Read the following:-

     1. G.O.Ms.No.04, Law (LA&J Home-Courts.A) Department,
        dated 24.01.2022.
     2. From the Registrar (Administration), High Court of Andhra
        Pradesh, Lr.ROC.No.1881/E1/2005, dated 21.07.2022.
                                  @@@
ORDER:

In the circumstances reported by the Registrar (Administration), High Court of Andhra Pradesh in the reference 2nd read above, Government hereby designate the all Principal District Courts in the State as the election tribunals for trail of election petitions pertaining to their respective Municipal Corporations under the proviso to sub-Section (1) of Section 75 of the Hyderabad Municipal Corporation Act, 1955, except Kurnool as it was already notified/designated as Election Tribunal vide reference 1st cited.

2. Accordingly, the Registrar (Administration), High Court of Andhra Pradesh is requested to take necessary action in the matter.

3. Accordingly, the following notification will be published in the Andhra Pradesh Gazette, dated 07.09.2022.

NOTIFICATION

In exercise of the powers conferred under sub- section (1) of Section 75 of the Grater Hyderabad Municipal Corporation Act, 1955 as amended by Act, 17 of 1998, the Government of Andhra Pradesh, with the concurrence of Chief Justice of High Court, hereby designate the "all principal District Courts in the State as the election tribunals for trail for election petitions pertaining to their respective Municipal Corporations, except Kurnool as it was already notified/designated as Election Tribunal vide G.O.Ms.No.04, Law (LA&J Home- Courts.A) Department dated 24.01.2022.

(BY ORDER IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

G.SATYA PRABHAKAR RAO, SECRETARY TO GOVERNMENT, LEGAL AND LEGISLATIVE AFFAIRS & JUSTICE, LAW DEPARTMENT.

To The Registrar (Administration), High Court of Andhra Pradesh. The Advocate General, O/o. The Advocate General, A.P. High Court Buildings, Nelapadu.

Copy to:

The Government Pleader for Home & Law, High Court of Andhra Pradesh, Nelapadu.

The P.S. to Secretary to Government (LA&J). The Municipal Administration & Urban Development Department, A.P., Secretariat.

Law (C) Department SC/SF.

//FORWARDED:BY ORDER// SECTION OFFICER"

5. In view of the aforesaid writ petition for Constitution of

the Election Tribunal for all the Districts in Andhra Pradesh,

except Kurnool for which the Election Tribunal had already

been constituted earlier, the grievance raised in the writ petition

for District Chittoor Stands satisfied.

6. No cause of action survives to continue with the petition.

7. The writ petition is disposed of with the aforesaid