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2021 Supreme(AP) 107

ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR
Ponnekanti Mallikarjuna Rao, S/o. Haribabu – Appellant
Versus
Andhra Pradesh State Election Commission – Respondent


Advocates Appeared:
For the petitioner: Mr. P.V. Krishnaiah
For the Respondent:Mr. N. Ashwani Kumar,Mr. S. Sriram, Advocate General

ORDER :

ARUP KUMAR GOSWAMI, J.

1. We have heard Mr. P.V. Krishnaiah, learned counsel for the petitioner, Mr. N. Ashwani Kumar, learned counsel for respondents 1 and 5 and Mr. S. Sriram, learned Advocate General for respondents 2 to 4.

2. By filing this Writ Petition (P.I.L.), the petitioner has questioned the 1st action of the respondent in conducting elections for various Municipalities and Municipal Corporations in the State of Andhra Pradesh.

3. It is to be noted, at the outset, that elections are due to be conducted tomorrow, i.e. 10.03.2021 and this Writ Petition (P.I.L.) was filed on 05.03.2021.

4. Mr. P.V. Krishnaiah has drawn our pointed attention to paragraph 316.4 of the judgment dated 29.05.2020 passed by this Court in W.P.No.8163 of 2020 and batch and contends that when this Court had specifically laid down that the State Election Commissioner cannot function for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities and the Municipal Corporations, the Notification issued by the st respondent cannot stand scrutiny for a moment and, therefore, by way of interim measure, this Court may stay

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