The court determined that indirect elections for Mayor can proceed despite the short duration remaining in the current term, affirming distinct treatment from direct elections subject to statutory restrictions.

ORDER :

Gannamaneni Ramakrishna Prasad, J.

Heard Sri P. Veera Reddy, learned Senior Counsel assisted by Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioner, Ms. Jhansi Lakshmi, Ld. Asst. Government Pleader representing O/o Advocate General appearing for Respondent Nos.1 & 4 and Sri Vivek Chandrasekhar, Ld. Counsel for the State Election Commission appearing for the Respondent No.2.

2. The present Writ Petition is filed seeking the following relief:

“It is therefore prayed, that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Notification No.217/SEC-f1/2025, dated 04.12.2025 issued by the respondent No.2 directing the respondent No.3 to authorize the respondent No.4 for conduct of election of Mayor of Kadapa Municipal Corporation to fill up the Casual Vacancy occurred in the office of Mayor of Kadapa Municipal Corporation, eventhough, the ordinary election for all the members shall be conducted on or before February, 2026 as arbitrary, illegal, colorable exercise of power, quite contrary to the well established legal principles apart from being violative of the fundamental rights guaranteed to me under Articles, 14, 19 and 21 of the Constitution of India and consequently set aside the same and pass such other order or orders as are deemed fit and proper in the circumstances of the case.”

SUBMISSIONS OF THE LD. COUNSEL FOR THE WRIT PETITIONER:

3. It is submitted by the Ld. Senior Counsel for the Writ Petitioner that the Writ Petitioner was a former Mayor of Kadapa Municipal Corporation; that the Writ Petitioner was elected as a Mayor of the Kadapa Municipal Corporation on 18.03.2021 for a term of five years; that in the normal course, the term of the Writ Petitioner as Mayor would end by 17.03.2026; whereas, the Writ Petitioner had suffered disqualification and was removed from the Mayorship vide G.O.Rt.No.1016, Municipal Administration & Urban Development (G) Department, dated 23.09.2025 (Ex.P.3); that the said removal was on account of alleged irregularities committed by the Writ Petitioner during execution of the Civil Contract Works within the jurisdiction of Kadapa Municipal Corporation through the firm M/s. Vardhini Constructions (which is owned by his immediate family members); that the Writ Petitioner has challenged the G.O.Rt.No.1016, Municipal Administration & Urban Development (G) Department, dated 23.09.2025 (Ex.P.3) in W.P.No.26724 of 2025 and the same is pending on the file of this Hon'ble Court; that in the meantime, the Andhra Pradesh State Election Commission (Respondent No.2) had issued Notification No.217/SEC-F1/2025, dated 04.12.2025 (Ex.P.1) for filling-up of the casual vacancy i.e., Mayor of Kadapa Municipal Corporation which has occurred on account of disqualification of the Writ Petitioner herein; that the Annexure to the Notification dated 04.12.2025 would indicate that the Notice would be given in Form-II by the District Collector or the Joint Collector of Y.S.R.Kadapa District on or before 07.12.2025 and the Special Meeting for conduct of election of Mayor of Kadapa Municipal Corporation would be held at 11 AM on 11.12.2025, and that the 'Note' therein would stipulate that if for any reason election to the Office of Mayor of Kadapa Municipal Corporation is not held on 11.12.2025, it shall be held on the next date and even on the said date if the Mayor could not be elected, the matter shall be reported to the State Election Commission to fix another date for holding election.

4. The Writ Petitioner has challenged this Notification dated 04.12.2025 on the following grounds:

(i) Tha