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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
M. Satyanarayana Murthy, J.
Janasena Party and Ors. – Appellants
Versus
The State Election Commissioner, Andhra Pradesh State Election Commission – Respondent
Writ Petition Nos. 7847 and 7778 of 2021
Decided On : 21-05-2021
Public Interest Litigation Rules, 2015 - Constitution of India, 1950 - Article 226, Article 326 Representation of the People Act, 1951- Section 81 - Universal Declaration of Human Rights, 1948 - Article 21 - International Covenant on Civil and Political Rights, 1966 - Article 25 - Andhra Pradesh Panchayat Raj Act, 1994 - Sections 151(1) and 179(1) - Notification - MPTCs and ZPTCs elections - Re-imposing Model Code - Election process - Whether petitioner in W.P. espoused any public cause in writ petition. If so, whether writ petition under Article 226 of Constitution of India, without invoking public interest litigation can be decided by a learned Single Judge of this Court, in view of Rule 7-A of Writ Proceeding Rules, 1977 and Rules, 2015 - Whether State Election Commissioner/first respondent infringed or invaded statutory or constitutional right of petitioner by issuing Notification - Whether Notification is contrary to direction issued by Hon'ble Supreme Court in W.P.(Civil) No. 437 of 2020 - Whether entire notification for election of MPTCs and ZPTCs is liable to be set aside in view of report submitted by respondent No. 1 to Central Government as claimed by the petitioner in W.P.–
Finding of the court:
, Rule 7-A of Writ Proceeding Rules and Public Interest Litigation Rules, petitioner is not entitled to espouse the public cause, as an individual and such writ petition espousing the public cause has to be heard and decided by a Division Bench as per the Writ Proceeding Rules - Hon'ble Supreme Court issued a direction to re-impose MCC for four weeks prior to the notified date of polling. But the contention of the respondents is that respondent No. 1 understood that the time frame is outer limit for re-imposing MCC i.e. maximum period for re-imposing MCC, thereby respondent No. 1 can re-impose MCC for a term of less than four weeks. Thus, the real controversy is around the understanding of judgment of the Hon'ble Supreme Court in W.P. (Civil) No. 437 of 2020 - Set aside the order of learned single Judge - NOTIFICATION fixing the date of polling date was issued resuming election process from where it was stopped, which is impugned in the writ petition, and the entire election process was completed as on date - Where the Government or any authority passes an order which is contrary to rules or law it becomes amenable to correction by the courts in exercise of writ jurisdiction. But one of the principles inherent in it is that the exercise of power should be for the sake of justice –
Result :Writ Petition No. 7847 of 2021 is allowed-in-part and Writ Petition No. 7778 of 2021 is dismissed
ORDER :
M. Satyanarayana Murthy, J.
1. Both these writ petitions are filed under Article 226 of the Constitution of India, for identical relief, so also, on identical major grounds. Hence, it is appropriate to decide both the writ petitions by common order.
W.P. No. 7847 of 2021
2. "Janasena Party", a registered political party, represented by it's Secretary Chillapalli Srinivasa Rao, Guntur, filed W.P. No. 7847 of 2021 claiming a declaration that the Notification No. 1503/SEC-B1/2021 dated 01.04.2021 of 1st respondent resuming the election process of Mandal Praja Parishads Territorial Constituencies (MPTCs) and Zilla Praja Parishads Territorial Constituencies (ZPTCs) in State of Andhra Pradesh, from the stage where it was stopped without issuing fresh notification, keeping in view the earlier report in letter No. 221/SEC-PESHI/2020 dated 18.03.2020 addressed to the Home Secretary, Government of India reporting instances of violence viz., prevention from filing nominations, forceful withdrawal as bad, illegal, arbitrary and contrary to Articles 14 and 243-K of Constitution of India and consequentially, set aside the same by directing the first respondent to issue fresh notification for filing of fresh nominations to conduct elections to MPTCs and ZPTCs in State of Andhra Pradesh by free and fair election process.
W.P. No. 7778 of 2021
3. One Varla Ramaiah, Politburo Member and General Secretary to Telugu Desam Party (T.D.P.) filed W.P. No. 7778 of 2021 to declare the action of the first respondent in not imposing the MCC for a period of four weeks before the notified date of polling as mandated by the Supreme Court of India in W.P.(Civil) No. 437 of 2020 dated 18.03.2020 and preceding to issue the election Notification No. 1503/SEC-B1/2021 dated 01.04.2021 purporting to conduct the elections for MPTCs and ZPTCs on 08.04.2021 in violation of the orders of the Supreme Court of India without re-imposition of the model code of conduct for four weeks prior to the date of poll is patently arbitrary and illegal, set-aside the said notification and direct the first respondent to issue a fresh notification scheduling the date of poll of MPTCs and ZPTCs elections in the State by re-imposing the Model Code of Conduct for four weeks from the date of notification till completion of election process.
4. The major and common ground raised in W.P. No. 7778 of 2021 and in W.P. No. 7847 of 2021 is that, when a notification for conduct of elections for MPTCs and ZPTCs was issued on 07.03.2020, the election process of MPTCs and ZPTCs was completed upto the stage of publication of list of contesting candidates. More so, on 15.03.2020, the first respondent issued a notification withholding/suspending the election process of MPTCs /ZPTCs and Urban local bodies due to threat of pandemic, Covid-19. It is contended that the second respondent/State of Andhra Pradesh had filed W.P.(Civil) No. 437 of 2020 before the Hon'ble Supreme Court of India challenging the Notification dated 15.03.2020 issued by the State Election Commission, postponing the Elections for local bodies such as panchayats and municipal bodies including MPTCs & ZPTCs by six weeks or any other date on the ground of threat of Covid-19.
5. The Hon'ble Supreme Court of India in W.P.(Civil) No. 437 of 2020 dated 18.03.2020 issued the following order:
We do not see any reason why this Court should interfere with the decision of the respondent-Election Commission to postpone the elections particularly s
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