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2016 Supreme(AP) 643
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P. Naveen Rao, J.
S.K. Pushpalatha – Appellant
Versus
The State of Andhra Pradesh and Others – Respondents
W.P. Nos. 33408, 33607 and 35675 of 2016
Decided On : 09-12-2016
For the Appellant : P. Keshava Rao.
For the Respondents: V.V. Prabhakara Rao and S.D. Goud.
Headnote:
provisions of Act, 1955 - Section 90, 7 Sections 2(15a), 5, 7, 90 and 91, sub-section (1) and (1-A) - GHMC Act - Sections 5, 6, 7 & 90 - Constitution of India - Article 243-U, 243K(3), 324(1), 328, 327 and 329(b) - Petitioner in WP No. 33408 of 2016 learned Government Pleader for Municipal Administration (AP) for respondents for respondent learned counsel for respondents 2 and 3 in WP Nos. 33607 & 35675 of 2016 and for respondent No. 5 in WP No. 33408 of 2016; Sri S.D. Gowd, learned counsel for respondent No. 4 in all the writ petitions; learned Government Pleader for Revenue (AP) for respondent No. 5 in WP Nos. 33607 and 35675 of 2016 and also for respondent No. 3 in WP No. 33408 - Petitions are disposed Nos. 33408 and 33607 of 2016 are filed aggrieved by inaction of respondents in conducting election to the office of the Mayor of Chittoor Municipal Corporation in the vacancy that arose and conducting election to the two vacant wards before holding election to the post of Mayor. In W.P. No. 35675 of 2016, petitioner opposes conduct of election to the post of Mayor before conducting elections to the vacant other words petitioner opposes the claim of the petitioners in the first two writ petitions – Held, Government, unlike when election to Ward Member is held as that is linked to revision of electoral rolls and provision of State machinery to conduct elections - On the contrary to conduct election of Mayor what is required is only appointment of Election Authority by the Election Commission to conduct special session of the council. There was no break down of law and order - There was no natural calamity or act of God which justify its action of not conducting election for such a long time reasons assigned for delay in holding election to the post of Mayor are not germane to valid exercise of power and authority - State Election Commission cannot postpone the event to a date posterior to holding election to ward members merely on the ground that the time of six months had already expired - Backward Class for more than one year, it is held by a male who does not belong to Backward Class. Discharge of functions of Mayor by a Deputy Mayor is only a stop gap arrangement to attend to unforeseen contingency. Such temporary arrangements have to be replaced by regular Mayor without broking delay - To understand the provision in Section it has to be read in consonance with and on cumulative reading of these provisions the conclusion is irresistible that it is only ad hoc arrangement for a short period. For more than one year, the constitutional scheme of a woman acting as Mayor of Chittoor Municipal Corporation is denied and a backward class woman is denied of opportunity to hold such high office - W.P. Nos. 33408 and 33607 of 2016 are allowed and W.P. No. 35675 of 2016 is dismissed.
1. Heard Sri P. Veera Reddy, learned senior counsel holding for Sri Karri Murali Krishna, counsel on record for petitioner in WP No. 33607 of 2016; Sri P. Keshava Rao, learned counsel for petitioner in WP No. 33408, 2016, Sri P. Vinayaka Swamy, learned counsel for petitioner in WP No. 33408 of 2016, learned Government Pleader for Municipal Administration (AP) for respondents 1 & 2 in WP Nos. 33408 of 2016, for respondent No. 1 in WP Nos. 35675 and 33607 of 2016; Sri V.V. Prabhakar Rao, learned counsel for respondents 2 and 3 in WP Nos. 33607 & 35675 of 2016 and for respondent No. 5 in WP No. 33408 of 2016; Sri S.D. Gowd, learned counsel for respondent No. 4 in all the writ petitions; learned Government Pleader for Revenue (AP) for respondent No. 5 in WP Nos. 33607 and 35675 of 2016 and also for respondent No. 3 in WP No. 33408 of 2016.
2. Since in all three writ petitions, the subject of controversy is conduct of election to post of Mayor in Chittoor Municipal Corporation, all the writ petitions are disposed of by this common order.
3. W.P. Nos. 33408 and 33607 of 2016 are filed aggrieved by inaction of respondents in conducting election to the office of the Mayor of Chittoor Municipal Corporation in the vacancy that arose on 17.11.2015 and conducting election to the two vacant wards before holding election to the post of Mayor. In W.P. No. 35675 of 2016, petitioner opposes conduct of election to the post of Mayor before conducting elections to the vacant Ward Nos. 33 and 37. In other words, petitioner in W.P. No. 35675 of 2016 opposes the claim of the petitioners in the first two writ petitions. Petitioner in W.P. No. 33408 of 2016 is elected as Corporator for 35th Division of Chittoor Municipal Corporation. Petitioner in W.P. No. 33607 of 2016 is elected as Corporator to Ward No. 47. Petitioner in W.P. No. 35675 of 2016 is aspiring to contest one of the two vacant Wards.
4. Chittoor Municipal Corporation consists of 50 Wards/Divisions. Election to the Ward Members of Municipal Corporation was held in May, 2014. Elections to the Mayor and Deputy Mayor were held on 03.07.2014. The post of Mayor in Chittoor Municipal Corporation was reserved to a woman belonging to Backward Class community. In the election held on 3.7.2004, Smt. K. Anuradha, a person belonging to Backward Class and Corporator of 33 Ward, was elected as Mayor, and Sri R. Subramanyam, Corporator, was elected as Deputy Mayor. Mayor and her husband were killed in her office on 17.11.2015. On account of death of Smt. K. Anuradha, vacancy in the post of Mayor as well as Corporator to 33 Ward was created. There was a vacancy in 37 Ward also. The Chittoor Municipal Corporation is governed by the Greater Hyderabad Municipal Corporation Act, 1955 (for short the Act, 1955).
5. Learned Senior Counsel Sri Veera Reddy contended that conduct of elections to the posts of Mayor and Deputy Mayor are governed by 'Andhra Pradesh Municipal Corporations (Conduct of Election of Mayor and Deputy Mayor) Rules, 2005' (for short Rules, 2005), notified vide G.O. Ms. No. 762 Municipal Administration and Urban Development (Ele.II) Department, dated 19.08.2005. In terms of the proviso to Rule 8 of the Rules 2005, every casual vacancy in the office of Mayor should be filled up immediately, there is unexplained delay and no justification in not conducting election even after one year. He would submit that the said action of the State Election Commission amounts to arbitrary exercise of power in violation of statutory mandate.
5.1. He would further submit that the stand of the respondent-Election Commission that it has taken decision to conduct election to vacant Ward Members first before conducting election to Mayor is ex facie illegal. He would submit that by placing reliance on self-made executive instructions to defer conduct of election of Mayor is not valid when statute mandate conducting of such election as expeditiously as possible.
5.2. He would further submit that conducting election
