Telangana High Court
WA/2143/2004 of Sanaga Balakrishnaiah, Vs State Eelection Commission, on 27 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE SRI DEVINDER GUPTA, THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT APPEAL NO : 2143 of 2004 (Writ Appeal under Clause 15 of the Letters
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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
MONDAY, THE TWENTY SEVENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE SRI DEVINDER GUPTA,THE CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY
WRIT APPEAL NO : 2143 of 2004
(Writ Appeal under Clause 15 of the Letters Patent against the Order dated21/12/2004 in WP NO : 23099 OF 2004 on the file of the High Court.)
Between:
Sanaga Balakrishnaiah, S/o. Thirumalaiah, M.P.T.C. Member, Muthyalampadu, Chillakur Mandal, Nellore District.
..... APPELLANT
AND
1 State Election Commission, Andhra Pradesh, Hyderabad.
2 District Collector and District Election Authority, Nellore, Nellore District.
3 District Panchayat Officer and Additional District Election Authority, Nellore, Nellore District.
.....RESPONDENTS
Counsel for the Appellant:MR.P.KRISHNA REDDY
Counsel for the Respondent No.1: MR.K.G.K.PRASAD
Counsel for the Respondent Nos.2 and 3: G.P. FOR PANCHAYAT RAJ ANDRURAL DEVELOPMENT
The Court made the following Oral Order: (per Sri Devinder Gupta, CJ)
Appellant is an elector of a Gram Panchayat and prayed for a directionagainst respondents to conduct bye-election to the Office of casual vacancy ofSarpanch of Muthyalampadu Gram Panchayat, Chilakur Mandal, Nellore Districtunder the revised Electoral Rolls.
Appellant-petitioner’s writ petition was dismissed by the learned single judge on theground that petition under Section 11 of the A.P. Panchayat Raj Act, 1994 cannot beequated with the one under the Representation of People Act. The revision ofelectoral rolls under the Panchayat Raj Act on the one hand and the Representationof People Act on the other, differ substantially from each other. Section 11 of the A.P.Panchayat Raj Act which provides for publication of a draft electoral roll, has beenamended by omitting the word ‘draft’ and now the amended Act provides forpublication of only one list and the same has to be accomplished on 10.11.2004. Asper the affidavit filed by the 3[rd] respondent, Electoral Rolls of the Gram Panchayatwere prepared taking 01-01-2004 as the qualifying date and the same waspublished on 10.11.2004 as per Notification of the State Election Commission dated29.10.2004.
In that view of the matter, there is hardly any ground to interfere with the orderof the learned single judge and more over the Election programme having beenissued on 12.12.2004, on which date the writ petition was filed, there cannot be any interdiction by the Courts in the election process. The date of poll is also fixed fortomorrow, i.e., 28-12-2004 at 7.00 a.m.
The writ appeal is accordingly dismissed. No costs.
______________________DEVINDER GUPTA, CJ
Date: 27[th] December, 2004
pnb
_________________________B. SESHASAYANA REDDY,J
To
1 The State Election Commission, Andhra Pradesh, Hyderabad.
2 The District Collector and District Election Authority, Nellore, Nellore District.
3 The District Panchayat Officer and Additional District Election Authority, Nellore, Nellore District.
4. Two CCs to G.P. for Panchayat Raj and Rural Development, A.P.High CourtBuildings, Hyderabad (OUT).Buildings, Hyderabad (OUT).
5. Two CD copies.