Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
BATTU DEVANAND, J.
Regu Maheswara Rao - Petitioner
Vs.
The State of Andhra Pradesh, Rep.by its Principal Secretary to Government & others - Respondents
WRIT PETITION No.9560 of 2021
Decided On : 07-10-2021
A.P. Panchayat Raj Act, 1994 - Section 200 - APPR (Salaries, Allowances and Condition of Service of the State Election Commissioner) Rules, 1994 - Constitution of India,1950 - Article 243k(1) - Election Commission - Civil Appeal - Quash Appointment - Petitioner is a practicing Advocate and an elector of Municipality District - State of Andhra Pradesh had enacted A.P. Panchayat Raj Act, 1994 to provide for constitution of rural local bodies and Section 200 of APPR Act, 1994 constitutes State Election Commission for superintendence direction and control of preparation of electoral rolls for and the conduct of all elections to Panchayat - Sub- Section 2 of Section 200 of APPR Act, 1994 ordains that Governor on recommendation of the government shall appoint a persons who is holding or who has held an office not less in rank than that of a Principal Secretary to Government as State Election Commissioner.
Finding of the court :
In law declared by Hon’ble Apex Court as stated above it is for petitioner to plead and prove his legal right either statutory or constitutional is violated by appointing Respondent No.4 as State Election Commissioner - In absence of establishing any violation of right of petitioner is not entitled to claim Writ of Mandamus- In court petitioner could not prove and plead requirements for issuance of Writ of Mandamus - With regard to seeking of Quo-Warranto petitioner has to establish that respondentNo.4 holding post of State Election Commissioner without legal authority or respondent No.4 is disqualified to hold post - In this aspect it has to be considered that disqualification is of two types (1) initially disqualified and (2) subsequently disqualified- A person not legally entitled to hold a public office even at first instance if he is suffering with initial disqualification - Subsequent disqualification could be by acts committed by holder of such post by which she would be disentitled from holding that post.
Result : Petition is dismissed
ORDER:
This Writ Petition has been filed by the petitioner for the following reliefs :
(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, PR and RD, (Elections), Department, dated 28.03.2021; and
(v) Consequently direct the Respondent No 1 and 2 to comply with the mandate of Article 243 k (1) of the Constitution of India and the direction of the Hon’ble Supreme Court judgment in Civil Appeal No. 881 of 2021 (State of Goa and another Vs. Fouziya Shaikh and another, dated 12.3.2021 in appointment of State Election Commissioner.
2. The case of the petitioner is that;
(ii) It is submitted that pursuant to the orders of this Court in the case of N. Ramesh Kumar and others vs. State of A.P and others 2020 (4) ALT 102, position of Sri N. Ramesh Kumar as State Election Commissioner was restored vide orders in G.O.Ms.No.645, PR &RD,(E&R) Dept., dated 30.07.2020 and Sri N. Ramesh Kumar completed his term of office as Election Commissioner by 31.03.2021.
(iii) It is submitted that the 4th respondent, an Indian Administrative Service Officer borne on the Indian Administrative Service cadre of Andhra Pradesh, was appointed as Chief Secretary to Government vide G.O.Rt.No.2563 G.A. (SC.A) Department, dated 13.11.2019 and a notification was issued vide G.O.Rt.No.2593 General Administration (SC.A) Department, dated 19.11.2019 notifying the retirement of Indian Administrative Service Officers borne on the Indian Administrative Service cadre of Andhra Pradesh, during the year, 2020 on attaining the age of superannuation, wherein the name of the 4th respondent was shown at Serial No.5 and the date of retirement was 30.06.2020. Before attaining the age of superannuation, the Government of Andhra Pradesh has requested the Union of India to extend the services of the 4th respondent and the Union of India extended the services of 4th respondent from tim
Point of law: 'For issuing a writ of mandamus in favour of a person, person claiming, must establish his legal right in himself. Then only a writ of mandamus could be issued against a person, who has....
The court established that adherence to statutory qualifications is essential for public office appointments, and deviations undermine governance.
The court established that only individuals of the rank of Commissioner are eligible for the position of Executive Officer in Municipal Councils, as per the Rajasthan Municipal Service Rules, 1963.
The State Government must conform to statutory procedures when making appointments to public offices to ensure the rule of law is upheld.
Challenges to an election based on a candidate's disqualification existing at the time of nomination must exclusively be decided through an election petition before a competent tribunal. Administrati....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
