4k IN THE HIGH COURT OF ANDHRA PRADESH AT AMAR^ATI (Special Original Jurisdiction) V \ •v.‘

WEDNESDAY, THE THIRTY DAY OF APRIL

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TWO THOUSAND AND TWENTY FIVE > i r : PRESENT: i r f.r- ■i ■i. •A THE HONOURABLE SRI JUSTICE NYAPATHY Vl V

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WRIT PETITION NO: 11189 OF 2025 Between:

Labala Swarnamani, W/o.Sankara Kumar, Aged 43 years, Occ:Vice Chairperson for Ichchapuram Municipality and Ward No.7 R/o.D.No.4-3-77, Fakeer Peta, Ichchapuram, Srikakulam District.

Petitioner AND

1. The State of Andhra Pradesh, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Guntur District. Rep. by its Principal Secretary.

2. The Ichchapuram Municipality, Ichchapuram, Srikakulam District, Rep.

by its Municipal Commissioner.

3. The Town Planning Officer, Ichchapuram Municipality, Ichchapuram, Srikakulam District.

4. The Ichchapuram Municipal Council, Ichchapuram Municipality, Ichchapuram, Srikakulam District, Rep. by its Chair Person.

Respondents r^'

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the 2"^^ and 4‘^ respondent in treating the petitioner as A disqualified ward member. of Ichchapuram Municipality pursuant to the resolution of the Ichchapuram Municipal Council Resolution No. 472 dated 29.03.2025 and not permitting the petitioner to perform her duties as 7*^^ ward member and Vice Chairperson of Ichchapuram Municipality as illegal, arbitrary, against principles of natural justice, one without jurisdiction and violation of section 17 of AP Municipalities Act, 1965 and consequently direct the 2"^^ and 4*^ respondent to permit the petitioner to discharge the duties as ward member of 7^*^ Ward and Vice Chairperson of Ichchapuram Municipality.

lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"'^ and 4*^ respondent to consider the petitioner as ward member of 7*^ Ward and Vice Chairperson of Ichchapuram Municipality in all respects. Pending disposal of WP No.11189 of 2025, on the file of the High Court.

lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2"^^ and 4‘^ respondent to permit the petitioner to discharge the duties as ward member of 7**^ Ward and Vice Chairperson of Ichchapuram Municipality including participating in the council meetings. Pending disposal of WP No.11189 of 2025, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri C Subodh, Advocate for the Petitioner, and of GP for Muncipal Admn & Urban Dev for the Respondent No.1, and of M/s V. Sireesha rani, Standing Counsel for Respondent Nos. 2 to 4, the Court made the following.

s ORDER The present writ petition is filed questioning the action of Respondent Nos.2 and 4 in treating the Petitioner as disqualified ward member of Ichchapuram Municipality pursuant to the resolution of Ichchapuram Municipal Council and not permitting the Petitioner to perform her duties as 7*'’ Ward member and Vice Chairperson of Ichchapuram Municipality as illegal and arbitrary.

The Petitioner was elected as 7**’ Ward member of Ichchapuram municipality and subsequently, elected as Vice Chairperson of the said municipality. While so, a notice was issued on 25.02.2025 under Section

17 of the Andhra Pradesh Municipalities Act, 1965 (for short 'the Act')

raising certain allegations against the Petitioner.

The Petitioner vide reply dated 20.03.2025 denied the allegations made therein. While so, a resolution was passed on 29.03.2025 by the Municipal council disqualifying the Petitioner with reference to the alle