Yenuganti Thriveni vs The State Of Ap
2023 Latest Caselaw 4081 AP

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      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.4615 OF 2021

JUDGMENT:

Heard Smt V. Sireesha Rani, learned counsel for the

petitioner, the learned Government Pleader for the Municipal

Administration and Urban Development for the respondents 1

and 3 and Sri S. Vivek Chandrasekhar, learned standing

counsel for the respondents 2 and 4.

2. This writ petition has been filed by the petitioner being

aggrieved from the action of the respondents 2 to 4 in not

considering the petitioner's representation dated 12.03.2020,

13.03.2020 and 12.02.2021 regarding the disqualification of 5th

respondent for contesting the election of Mandal Parishad

Territorial Constituency for short MPTC under the Andhra

Pradesh Panchayat Raj Act (for short "the Act"), on the ground

that the 5th respondent incurred disqualification under Section

19 of the Act.

3. The election had been conducted during pendency of the

writ petition. The declaration was made on 08.04.2021 in which

the 5th respondent was elected.

4. The petitioner has not challenged the election of the 5th

respondent by filing the Election Petition.

5. The period of limitation to file election petition has also

expired.

6. Even in the present writ petition, there is no challenge

to the election of the 5th respondent.

7. It is well settled in law that ordinarily this Court would

not invoke its writ jurisdiction in election matters. The parties

are to get their grievance and election dispute settled in a

statutorily constituted alternative Forum by way of election

petition.

8. In Kalla Ramakrishna vs. State Election Commission

and others1, relied upon by the learned counsel for the

respondents 2 and 4, the Full Bench of this court held that right

from Ponnuswami vs. Returning Officer2, it has been

consistently laid down the law that election covers the entire

process i.e from the issue of the notification under the relevant

legislation to the declaration of the result and having regard to

the important functions which the legislatures have to perform

in democratic countries, it has always been recognized to be a

matter of first importance that elections should be concluded as

early as possible according to the time schedule and all

controversial matters and all disputes arising out of elections

2005(26)AIC 764

AIR 1952 SC 64

should be postponed till the elections are over. The person

interested in questioning the elections has to wait till the

election is over and institute a petition in accordance with the

law calling in question the election of the successful candidate.

9. The dispute as is being raised here, is an election

dispute with respect to the acceptance of the nomination of the

5th respondent, which could be raised in the election petition

questioning the election of the 5th respondent. However, the

petitioner has chosen not to challenge the election.

10. In view of the subsequent development taking place,

and in the absence of the challenge to the election, the writ

petition is dismissed.

11. No order as to costs.

Consequently, the miscellaneous petitions, if any, pending

in the writ petition shall stand closed.

_________________________ RAVI NATH TILHARI, J Date:06.09.2023 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.4615 OF 2021

Date:06.09.2023

Gk