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2021 Supreme(AP) 259
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
ARUP KUMAR GOSWAMI, C. PRAVEEN KUMAR, JJ.
The State of Andhra Pradesh and Ors. - Appellants
Versus
S.V. Chiranjeevi and Ors. - Respondents
Writ Appeal Nos. 145 and 160 of 2021
Decided On : 07-05-2021
For the Appellant :Advocate General and Vedula Venkataramana, Learned Senior Counsel assisted by Balanaga Srinivas.
For the Respondents:Dammalapati Srinivas, Learned Senior Counsel assisted by Nimmagadda Venkateswarlu, Vivek Chandrasekhar and Advocate General.
Point of law: If elections are postponed and they are held after the electoral rolls are corrected inconvenience will be caused but, irreparable loss will not be caused to the respondents/the electorate and the election of a Mayor and the Corporator's will only be postponed for a certain period.
Headnote:
Constitution of India,1950 – Writ appeal - Writ of Mandamus – Res judicata - Appellant submits that even assuming for the sake of argument that the order has not been complied with or not fully implemented, the only consequence would be an action for contempt and that will not constitute the basis for filing another Writ Petition seeking stay of election - Writ Petitioners submit that as on date of passing of the interim order there is no appeal preferred by the State or by the third party - Whether the learned Single Judge was justified in staying the elections to the municipality –
Finding of the court : It is clear that preparation of Electoral Roll is a continuous process and even if a revision of Electoral Roll is not complete, the electoral roll, for the time being in force, must hold the field and the Election cannot be postponed for non-consideration of certain claims & objections - Finding of the learned Single Judge that the electoral roll that was published is a draft roll is incorrect, further, there is no material on record to show that a voters list was published - Proceedings relate to a meeting that was convened for declaration of polling stations in 50 divisions of the Corporation by the respective wards and the returning officers for the said polling stations –
Result : Writ Appeal allowed.
JUDGMENT :
C. Praveen Kumar, J.
1. Since both these two appeals are filed, against the order passed in I.A. No. 2 of 2021 in W.P. No. 4110 of 2021, dated 08.03.2021, at the instance of State (W.A. No. 145 of 2021) and Sri T. Venkata Annapurna Seshukumari (W.A. No. 160 of 2021), who is the contesting candidate and not made a party before the learned Single Judge, the same are disposed of by this common order.
2. Originally W.P. No. 4110 of 2021 came to be filed seeking issuance of writ of Mandamus to declare the inaction on the part of the respondents in preparation and publication of final electoral rolls, de-limitation of wards, and reservation of seats in accordance with the directions of the Hon'ble Court in W.P. No. 3876 of 2020, dated 05.03.2020, as illegal, arbitrary and violative of the provisions of the Acts and consequently to restrain the respondents to issue any election notification for conducting elections to the Eluru Municipal Corporation till the orders of this Court in W.P. No. 3876 of 2020 are complied with. It would be appropriate to extract the findings arrived at in the order dated 08.03.2021 passed in I.A. No. 2 of 2021 in W.P. No. 4110 of 2021, which are as under :
"(B) This Court after considering all of the above agonized over the issue and felt that the greater good/public good lies in the following and obeying the orders of the Courts when compared to the inconvenience of postponing the election and that a quia timet order or a stitch in time is needed in the circumstances.
(1) This Court is prima facie of the opinion that the action of the Officials in not fully implementing the order in W.P. No. 3876 of 2020 is not correct. If orders of the Constitutional Courts are not followed, it will lead to a breaking down of the "Rule of Law" as we know of it, which is a basic feature of our Constitution.
Elections can be postponed or re-scheduled. Obedience of the orders of the Court/Rule of Law cannot be "postponed". The orders have to be followed both in letter and spirit unless and until they are modified, varied or set aside. Till then, they must be followed by everyone who must remember this-"be you ever so high, the law is above you."
(2) The petitioners have made out a prima facie case as the electoral roll being used is found to be factually and legally flawed. The same is not rectified and the stipulated 30/15 day public notice etc., was not issued inviting objections after the draft roll was prepared. The rules were not followed. Balance of convenience is in favour of the petitioners who want a proper electoral roll before the election on the basis of an order of this Court. If elections are postponed and they are held after the electoral rolls are corrected inconvenience will be caused but, irreparable loss will not be caused to the respondents/the electorate and the election of a Mayor and the Corporator's will only be postponed for a certain period. The elections are being held after a long time in Eluru Corporation. Municipal administration was continuing till date without the Mayor etc. A postponement will thus not cause serious loss and will sub-serve the larger public good by having a more representative/participative Municipal election. It will also uphold the "Rule of Law" and ensure a free and fair poll on which the edifice called democracy, rests.
In that view of the matter, there shall be an interim order as prayed in I.A. No. 2 of 2021 and the elections to Eluru Municipal Corporation scheduled to be held on 10.03.2021 shall be stayed. It is left open to the respondents also to make a mid-course correction, salvage the situation and to rectify the electoral rolls but strictly as per the law."
3. From a reading of the above findings it is very evident that I.A. was allowed on the ground that the directions given in Writ Petition No. 3876 of 2020, for rectifying the mistakes in the electoral rolls were not complied with, after giving 30 days or 15 days time, as the case may be, from the date of pu
