Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(AP) 123

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
ARUP KUMAR GOSWAMI, C. PRAVEEN KUMAR, JJ.
Yashodha Nakka, W/o. Guruprasad Nakka - Appellants
Versus
The State Election Commission of State of Andhra Pradesh, represented by its Secretary, Vijayawada, Krishna District, and others - Respondents
WRIT APPEAL No. 117, 118 and 120 of 2021
Decided On : 02-03-2021

Advocates Appeared:
For the Appellant : Mr. P. Veera Reddy, Sr. Counsel Assisted by Mr. Harish Kumar Rasineni
For the Respondent: Mr. N. Ashwani Kumar, SC for State Election Commission.

Point of law: Since the Election Commission has already taken the decision to postpone the Elections, there shall be a post decisional consultation with the State of Andhra Pradesh before the next date is notified by the Election Commission. The Model Code of Conduct for the elections shall be reimposed four weeks before the date of polling.

Headnote:
Andhra Pradesh Municipal Corporations Act, 1994 – Sections 11 and 14 – Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005 – Andhra Pradesh Municipalities Act, 1965 – Sections 10 – Constitution of India, 1950 – Article 243-ZA – Suspension of Notification – Challenge in these Writ Appeals is to an Order, passed in I.A. in W.P., I.A. in W.P. and I.A. in W.P. declining the prayer for an interim order and resultantly dismissing the applications, seeking for an interim order. – By way of interim applications, the Appellants herein have sought for stay/suspension of Notification, issued by the State Election Commission. In the Writ Petitions, fundamentally the prayer was made to set aside the aforesaid Notifications, issued by the State Election Commission.
Finding of court: Court is of the considered opinion that the Notification, , having been challenged before the Hon’ble Supreme Court and in view of the fact that the Hon’ble Supreme Court has declined to interfere with the Notification, the contentions of the learned Counsel for the appellants is without any merit. – It cannot be countenanced that the Hon’ble Supreme Court had adverted only to the postponement of the election and not the subsequent part, where the Election Commissioner indicated that the election process in respect of MPTCs/ZPTCs and Urban Local Bodies would be continued from the stage where it is stopped. – Court is of the considered opinion that the order passed by the learned Single Judge declining to pass interim order does not warrant any interference.
Result: Writ Appeals Dismissed

JUDGMENT :

Arup Kumar Goswami, J.

1. Heard Mr. Vedula Venkata Ramana, learned Senior Counsel, in W.A. No.117 of 2021; Mr. Basva Prabhu Patil, learned Senior Counsel, in W.A. No.118 of 2021, and Mr. P. Veera Reddy, learned Senior Counsel, in W.A. No.120 of 2021. Also heard Mr. S. Sriram, learned Advocate General & GP for Municipal Administration & Urban Development and Mr. N. Ashwani Kumar, learned Standing Counsel for State Election Commission, respectively.

2. Challenge in these Writ Appeals is to an Order, dated 26.02.2021, passed in I.A. No. 1 of 2021 in W.P. No. 4200 of 2021, I.A. No. 1 of 2021 in W.P. No.4292 of 2020, and I.A. No. 1 of 2021 in W.P. No. 4343 of 2021, declining the prayer for an interim order and resultantly dismissing the applications, seeking for an interim order. By way of interim applications, the Appellants herein have sought for stay/suspension of Notification No. 578/SEC-F1/2021-1, 579/SEC-F1/2021-1, 580/SEC-F1/2021-1 and 581/SEC-F2/2021, dated 15.02.2021, issued by the State Election Commission. In the Writ Petitions, fundamentally the prayer was made to set aside the aforesaid Notifications, dated 15.02.2021, issued by the State Election Commission.

3. In exercise of the powers conferred under Article 243-ZA of the Constitution of India, Sections 10-A and 10-B of the Andhra Pradesh Municipalities Act, 1965 and the Andhra Pradesh Municipalities (Conduct of Election of Members) Rules, 2005 issued thereunder [as amended vide G.O.Ms.No.118, Municipal Administration & Urban Development (G) Department, dated 04.03.2020], the State Election Commissioner had called upon the registered voters of the Municipalities and Nagar Panchayats specified in the Annexure appended thereto, to elect Members of their respective Wards and, also notified the programme for conduct of elections, vide notification No.79/SEC-F2/2020, dated 09.03.2020. The Election Programme as indicated in the said notification reads as under:

1	Display of Ward-wise Electoral Rolls by Election Officer under Rule 5 of the said Rules	11.03.2020 (Wednesday)
2	Publication of Election Notice under Rule 6 of the said Rules by the Election Officer	11.03.2020 (Wednesday) (From this date onwards, Nominations can be filed from 11:00 AM to 3:00 PM)
3	Last Date for receipt of Nominations	13.03.2020 (Friday) (Up to 3:00 PM)
4	Scrutiny of Nominations	14.03.2020 (Saturday) (From 11:00 AM onwards)
5	Last date for Withdrawal of Candidatures	16.03.2020 (Monday) (Not later than 3:00 PM)
6	Date of Publication of List of Contesting Candidates	16.03.2020 (Monday) (After 3:00 PM)
7	Date of Poll	23.03.2020 (Monday) (From 07:00 AM to 5:00 PM)
8	Date of Re-poll, if any	26.03.2020 (Thursday) (From 7:00 AM to 5:00 PM)
9	Date of Counting	27.03.2020 (Friday) (From 8:00 AM onwards)

4. By another notification No.76/SEC-F1/2020-1, dated 09.03.2020, in exercise of the powers conferred under Article 243-ZA of the Constitution of India, Section 24 of the Municipal Corporations Act, 1955 and Sections 11 and 14 of the Andhra Pradesh Municipal Corporations Act, 1994, the State Election Commissioner had called upon the registered voters in the Municipal Corporations of Vizianagaram, Eluru, Machilipatnam, Guntur, Ongole, Tirupathi, Chittoor, Kadapa, Kurnool and Anantapur, to elect Members of their respective Wards in accordance with the provisions of the said Acts and Andhra Pradesh Municipal Corporations (Conduct of Election of Members) Rules, 2005 made thereunder.

5. By another notification No.77/SEC-F1/2020-1, dated 09.03.2020, in exercise of the powers conferred under Article 243-ZA of the Constitution of India, Section 7 of the Visakhapatnam Municipal Corporation Act, 1979 and Section 24 of the Municipal Corporations Act, 1955, the State Election Commissioner had called upon the registered voter

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