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2021 Supreme(AP) 561

BATTU DEVANAND
Regu Maheswara Rao – Appellant
Versus
State of Andhra Pradesh, Rep. by its Principal Secretary to Government – Respondent


Advocates Appeared:
For The Appellant : Sri B. Sesi Bushan Rao
For The Respondent: G.P for Panchayat Rural, Sri M. Karthik Pavan Kumar, Sri Vivek Chandra Sekhar S.

ORDER:

This Writ Petition has been filed by the petitioner for the following reliefs :

    (i) declaring the appointment of Respondent No.4 as State Election Commissioner Vide G.O.Ms.No.20 PR & RD, (E&R), dated 28.03.2021 as unconstitutional being violative of Article 243 k (1) of the Constitution of India and contrary to the direction of the Hon’ble Supreme Court Judgment in State of Goa & Another Vs. Fouziya Imtiaz Shaikh and another, 2021 SCC Online SC 211;

(ii) that this Hon’ble Court may be pleased to issue Writ of Quo-warranto against respondent No.4, requiring him to show the authority to hold the office of the State Election Commissioner from the date of appointment vide G.O.Ms.No.20 PR & RD, (E&R) Department, Dated 28.03.2021;

(iii) Declaring the G.O.Ms.No 20, PR & RD,(E & R) Dept, Dated 28.03.2021, as Unconstitutional being violative of Article 243 k (1) of the Constitution of India and contrary to the direction of the Honble Supreme Court judgment in Civil Appeal No. 881 of 2021 (State of Goa and another Vs Fouziya Shaikh and another, dated 12.3.2021;

(iv) Consequently Quash the appointment of the Respondent No.4 as State Election Commissioner by setting aside the G.O.Ms.No 20, P

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