1. Petitioner challenges the reservation policy for a municipal chairperson election, seeking re-reservation for backward class candidates under a rotation system. (Para 2 )
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2026 Supreme(Online)(AP) 37954
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Kiranmayee Mandava, J
Shaik Saleem – Appellant
Versus
State of Andhra Pradesh – Respondent
WRIT PETITION NO: 30573 OF 2026
Important Points
A writ petition challenging the reservation of a municipal post is not maintainable once the election notification has been issued, due to the constitutional bar under Article 243-ZG of the Constitution of India.
Subject
Constitutional Law - Election Law
Act Referred
Headnote
(A) Election Law - Constitutional Bar - Article 243-ZG - Once the election notification has been issued, the court cannot interfere in the election process, rendering the writ petition not maintainable. (Para 4)
Issues: Whether the writ petition challenging the reservation of the Municipal Chairperson post is maintainable after the issuance of the election notification.
Issues: Whether the writ petition challenging the reservation of the Municipal Chairperson post is maintainable after the issuance of the election notification.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: G Jagadeeswar
For the Respondents: GP Municipal Admn and Urban Dev AP
For the Appellants/Petitioners: G Jagadeeswar
For the Respondents: GP Municipal Admn and Urban Dev AP
Table of Contents
2. Petitioner seeks changing the reservation to backward classes following a rotation system, while respondents contend that the election notification has already been issued. (Para 2 , 3 )
3. The court observed that the election notification has been issued, triggering a constitutional bar to judicial interference under Article 243-ZG of the Constitution. (Para 3 , 4 )
4. Article 243-ZG of the Constitution bars courts from interfering with election processes once an election notification is issued. (Para 4 )
5. The writ petition is dismissed as not maintainable due to the constitutional bar, with liberty granted to the petitioner to avail other legal remedies. (Para 4 )
6. Can a High Court entertain a challenge to the reservation of a Municipal Chairperson post after the election notification is issued?
No. Under Article 243-ZG of the Constitution of India, once an election notification is issued, the courts are barred from interfering in the election process, rendering such petitions not maintainable. (Para 3 , 4 )
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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not reserving the Municipal Chairperson Post of the Markapuram Municipality to the Backward Community candidates as per the key notification dated 12.10.2026, of the A.P. State Election Commission (SEC) is as arbitrary, illegal, unjust and un-constitutional and against the principles of natural justice and consequently directing the Respondents to conduct the elections to the Municipal Chairperson Post of Markapuram Municipality, Markapuram District, by reserving the said Municipality to the Backward Community candidates by following rotation system
IA NO: 1 OF 2026
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 direct the Respondents to change the reservation forthwith from General candidates to B.C., candidates for the post of Municipal Chairperson of Markapuram Municipality, Markapuram District and conduct the elections by following rotation system
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 30573 OF 2026
The Court made the following Order:
Heard the learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development and Sri N. Ashwani Kumar, learned Standing Counsel for the respondent No.2/APSEC.
2. The grievance of the petitioner in the instant Writ Petition is with regard to the action of the respondents in allocating the post of Municipal Chairperson of Markapuram Municipality to candidates belonging to the Backward Classes, pursuant to the key notification dated 12.10.2026 issued by the A.P. State Election Commission (SEC). The petitioner seeks a consequential direction to set aside the said allocation and to conduct the election to the post of Municipal Chairperson of Markapuram Municipality, Markapuram District, by reserving the said post for candidates belonging to the Backward Classes in accordance with the rotation system.
3. It is stated by the learned counsel for the respondents that the Municipal Election Notification has already been issued.
4. In view of the issuance of the Election Notification and having regard to the constitutional bar as envisaged in Article 243-ZG of the Constitution of India, the Writ Petition is dismissed as not maintainable and the petitioners are at liberty to avail the remedies available under law. There shall be no order as to costs.
As a sequel, all pending miscellaneous applications shall stand closed.
