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2021 Supreme(AP) 269

ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR
State Election Commission – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Appellant : B. Adinarayana Rao, Sr. Counsel assisted by N. Ashwani Kumar.
For the Respondents:S. Sriram, Advocate General, D.V. Sitarama Murthy, Sr. Counsel assisted by K. Kiran Kumar and N. Harinath, Assistant Solicitor General.

JUDGMENT :

Arup Kumar Goswami, J.

1. This writ appeal is presented under Clause 15 of the Letters Patent against an interim order dated 11.01.2021 passed by a learned single Judge in W.P. No. 1158 of 2021.

2. In the aforesaid writ petition, the following prayer was made:

    "It is therefore prayed that this Hon'ble Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in declaring the schedule of elections for the local bodies vide the proceedings No. 513/SEC-B2/2020 dt. 08.01.2021, and imposing the model code of conduct and the consequential proceedings banning transfers vide proceedings No. 04/SEC-B2/2021 dated 08.01.2021, as arbitrary and illegal vitiated by consideration of material extraneous to record, arbitrary and irrational rejection of the views of the Government and on surmises, conjectures and assumptions, vitiated by malice in law and thus offending Article 14 of the Constitution of India and issue a consequential direction to the respondent No. 1 to forbear from proceeding further with the proposed election process to the local bodies, in pursuance of the impugned proceedings

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