IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
M.S. Ramachandra Rao, J.
Edara Haribabu – Appellant
Vs.
District Collector cum Presiding Officer – Respondent
W.P. Nos. 30790 of 2014
Decided On : 7.11.2014
AP Panchayat Raj Act, 1994 - Section 181-A – Member of a Party – Qualification and disqualification - Counsel for counsel for petitioner in Government Pleader for Panchayat Raj for respondent was disqualified by separate orders in indirect elections passed by District Collector-cum-Presiding Officer District as ZPTC Member and also as Chairperson of Zilla Parishad District on ground that had disobeyed directions of Telugu Desam Party whip in relation to election for offices of Chairperson and Vice-Chairperson Zilla Praja Parishad District held on for not voting in favor of candidate proposed by said party for office of Chairperson and office of Vice-chairperson - He also filed before Additional District Judge challenging order respondent invoking - In view of disqualification of petitioners in submitted a representation and respondent to again conduct elections for post of Chairperson of Zilla Praja Parishad District - Since said representation was not considered they sought a Writ of Mandamus to respondent to forthwith conduct elections to fill up said post – Held, Impugned order passed by the District Court suffers from error apparent on face of record in as much as it has not considered mandatory statutory Rules has given findings based on no evidence/deliberate misreading of evidence perversely and also wrongly placed burden of proof of petitioner to prove that did not sign the acknowledgements of whips also disagree with observation in impugned orders that applications are not maintainable said applications are maintainable in view of law declared - Therefore since Writ Petitions satisfy the parameters for interference in a Writ of Certiorari by this Court they are accordingly allowed and orders on file of Additional District Judge are quashed consequently orders in - Indirect election respondent disqualifying petitioner as ZPTC Member and consequently as Chairperson Zilla Praja Parishad District are suspended - District Court is directed to dispose of both E.O.Ps. in accordance with law uninfluenced by order or its order or this order expeditiously within months from date of receipt of copy of this order – Petition disposed (Para 81)
1. Heard Sri C.V. Mohan Reddy, learned Senior Counsel for Sri M. Karthik Kumar, learned counsel for the petitioner in W.P. Nos. 30790 and 30791 of 2014, learned Government Pleader for Panchayat Raj for respondent No. 1 in W.P. No. 30790 of 2014, W.P. No. 30791 of 2014 and W.P. No. 30799 of 2014; Sri V.V. Prabhakar Rao, learned counsel for 2nd respondent in all three cases; Sri B.V. Subbaiah, learned Senior Counsel for Smt. K. Aruna, learned counsel for 3rd respondent in W.P. No. 30790 of 2014, 30791 of 2014 and for the petitioner in W.P. No. 30799 of 2014.
2. As the subject matter of these Writ Petitions is inter-related, they are being disposed of by this common order.
3. The petitioner in W.P. No. 30790 of 2014 and in W.P. No. 30791 of 2014, Sri E. Haribabu (hereinafter referred to as the petitioner) was disqualified by separate orders in Rc. No. P1/4598/indirect elections/13 dated 11-08-2014 passed by the District Collector-cum-Presiding Officer, Prakasam District, Ongole as ZPTC Member, Ponnaluru Mandal and also as Chairperson of Zilla Parishad, Prakasam District on the ground that he had disobeyed the directions of the Telugu Desam Party whip in relation to the election for the offices of the Chairperson and Vice-Chairperson, Zilla Praja Parishad, Prakasam District held on 13-07-2014 and for not voting in favour of Sri Manne Ravindra, the candidate proposed by the said party for the office of Chairperson and Smt. P. Koteswaramma for the office of Vice-chairperson.
4. He filed E.O.P. No. 8 of 2014 before the I Additional District Judge, Ongole (for short the District Court) challenging the order dated 11-8-2014 of 1st respondent invoking Section 181-A of the AP Panchayat Raj Act, 1994 (for short the Act) in so far as disqualification incurred by him for not voting in favor of Sri Manne Ravindra for office of Chairperson is concerned. He also filed E.O.P. No. 9 of 2014 before the I Additional District Judge, Ongole challenging the order dated 11-8-2014 of 1st respondent invoking Section 181-A of the AP Panchayat Raj Act, 1994 (for short the Act) in so far his disqualification for not voting in favor of Smt. P. Koteswaramma for office of Vice-Chairperson is concerned.
5. In the said E.O.P. 8/2014 and E.O.P. No. 9/2014, he filed I.A. No. 1697 of 2014 and I.A. No. 1684/2014 respectively under Order 39 Rules 1 and2 and Section 151 CPC to grant ad-interim injunction suspending the orders dated 11-08-2014 passed by 1st respondent pending disposal of the main election petition.
6. By separate orders dated 07-10-2014, the District Court dismissed the said applications.
7. Questioning the same, he filed W.P. No. 30790 of 2014 and W.P. No. 30791 of 2014.
8. In view of the disqualification of Sri E. Haribabu, the petitioners in W.P. No. 30799 of 2014, submitted a representation dated 28-08-2014 to 2nd respondent and 3rd respondent therein to again conduct elections for the post of Chairperson of Zilla Praja Parishad, Ongole, Prakasam District. Since the said representation was not considered, they sought a Writ of Mandamus to respondent Nos. 2 and 3 to forthwith conduct elections to fill up the said post.
9. Having given a brief overview of the litigation, I will now set out more facts.
10. The petitioner Sri E. Haribabu had contested the Zilla Parishad Territorial Constituency (ZPTC) elections conducted by 2nd respondent from Ponnaluru Mandal, Prakasam District on behalf of the Telugu Desam Party (for short TDP party). He won the said election and was consequently elected as ZPTC Member, Prakasam District.
11. On 26-06-2014, the 2nd respondent issued orders directing various District Collectors including 1st respondent to conduct election to the office of Chairperson and Vice Chairperson of Zilla Praja Parishads (for short ZPPs) on 05-07-2014.
12. In so far as ZPP, Prakasam is concerned, the election to the said offices could not be conducted on that day and consequently 4th respondent issued orders dated 07-07-2014 directing 2nd responden
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