Tatipati Yesamma vs The State Of Andhra Pradesh
2023 Latest Caselaw 2619 AP

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           THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                      WRIT PETITION No.8956 OF 2023

JUDGMENT:-


1.   No representation for the petitioner.

2.   Heard the Learned Government Pleader for General

Administration appearing for the 1st respondent, learned

Government Pleader for Municipal Administration and Urban

Development Authority appearing for the 2nd respondent,

learned Government Pleader for Social Welfare appearing for the

3rd respondent, Sri Vivek Chandra Sekhar, learned standing

counsel for 4th respondent, learned Government Pleader for

Revenue appearing for respondents 5 to 8 and 10, Sri N. Ranga

Reddy, learned standing counsel for 9th respondent, learned

Government Pleader for Education for respondent 11 and 12

and Sri M. Naresh, learned counsel for the respondent No.14.

3. The writ petition came for hearing firstly on 12.04.2023

and the following order was passed:

"1) No representation for the petitioner neither in the first round nor in the second.

2) Post on 26.04.2023."

4. On 26.04.2023, the matter was directed to be listed today.

5. Today, there is no representation for the petitioner.

6. This writ petition is filed for issuance of a writ of Quo

Warranto to declare that the respondent No.14 is not entitled to

continue as counselor of Ward No.12 of respondent No.9

Nandikotkur Municipality, as he does not belong to the

scheduled caste „Mala‟.

7. In the elections held for „counselor‟ in the year 2021, and

the results declared on 13.03.2021, the 14th respondent namely

Sri A. Lalu Mohan Ravi Shankar Prasad was elected.

8. It is submitted by the learned counsels for the

respondents that the petitioner was also one of the candidates.

9. An objection has also been raised that the election of the

14th respondent, can be challenged by way of election petition

under Section 343ZA of the A.P. Municipalities Act which reads

as under:-

"Section 343ZA Election Petitions:- No election held under this Act shall be called in question except by an election petition presented in accordance with such rules as may be made in this behalf and to such authority as may be specified in such rules".

10. Though the availability of the election petition to challenge

the election of an elected candidate is only an alternative

remedy and is no bar to the maintainability of the writ petition,

but ordinarily this Court in the exercise of the writ jurisdiction

would not entertain the writ petitions as it involves

determination of disputed questions of fact and also observing

self imposed restrictions that once the statute provides for the

remedy to the person aggrieved he should first exhaust such

remedy.

11. Though the petitioner has prayed for a writ of Quo

Warranto, but in substance there is challenge to the election of

respondent No.14, indirectly.

12. The writ petition is dismissed on the aforesaid ground.

13. It is open to the petitioner to seek appropriate remedy as

per law, if so advised.

14. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________

RAVI NATH TILHARI,J Date:28.04.2023

Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.8956 OF 2023

Date:28.04.2023

Gk.