IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI

HON’BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE

&

HON’BLE MR. JUSTICE C. PRAVEEN KUMAR

Writ Appeal Nos.145 & 160 of 2021

(Taken up through video conferencing)

Writ Appeal No.145 of 2021

The State of Andhra Pradesh, Rep. by its

Principal

Secretary

to

Government,

Municipal

Administration

Department,

Secretariat, Velagapudi & another

.. Appellants

Versus

S.V.Chiranjeevi, S/o Appa Rao, Aged

about 52 years, R/o D.No.20-E-36/2,

Janapareddy vari Street, Kothapet Bun,

West Godavari District & 37 Others

.. Respondents

Counsel for the Appellant : Advocate General

Counsel for Respondents 1 to 34 : Mr. Dammalapati Srinivas,

learned senior counsel assisted

by Mr. Nimmagadda

Venkateswarlu

Counsel for Respondents 35 to 38 : Mr. Vivek Chandrasekhar

Writ Appeal No.160 of 2021

T.Venkata Annapurna Seshukumari, W/o

Srinivas, Aged about 50 years, R/o

N.R.Pet, 25-7-11, Eluru, West Godavari

District

.. Appellant

Versus

2

S.V.Chiranjeevi, S/o Appa Rao, Aged

about 52 years, R/o D.No.20-E-36/2,

Janapareddy vari Street, Kothapet, Eluru,

West Godavari District & 39 Others

.. Respondents

Counsel for the Appellant : Mr. Vedula Venkataramana,

learned Senior Counsel assisted

by Mr. Balanaga Srinivas.

Counsel for Respondents 1 to 34 : Mr. Dammalapati Srinivas,

learned senior counsel assisted

by Mr. Nimmagadda

Venkateswarlu

Counsel for Respondent No.35 : Advocate General

Counsel for Respondent Nos.36 to 40 : Mr. Vivek Chandrasekhar

Dates of hearing : 09.04.2021 and 19.04.2021

Date of pronouncement : 07.05.2021

Counsel for Respondents 36 to 40 : Mr.Vivek Chandrasekhar

COMMON JUDGMENT

(per C. Praveen Kumar, J)

1.

Since both these two appeals are filed, against the order

passed in I.A. No.2 of 2021 in W.P.No.4110 of 2021, dated

08.03.2021, at the instance of State (W.A. No.145 of 2021) and

Sri T.Venkata Annapurna Seshukumari (W.A.No.160 of 2021), who is

the contesting candidate and not made a party before the learned

Single Judge, the same are disposed of by this common order.

2.

Originally W.P.No.4110 of 2021 came to be filed seeking

issuance of writ of Mandamus to declare the inaction on the part of

3

the respondents in preparation and publication of final electoral rolls,

de-limitation of wards, and reservation of seats in accordance with

the directions of the Hon’ble Court in W.P.No.3876 of 2020, dated

05.03.2020, as illegal, arbitrary and violative of the provisions of the

Acts and consequently to restrain the respondents to issue any

election notification for conducting elections to the Eluru Municipal

Corporation till the orders of this Court in W.P.No.3876 of 2020 are

complied with. It would be appropriate to extract the findings arrived

at in the order dated 08.03.2021 passed in I.A. No.2 of 2021 in

W.P.No.4110 of 2021, which are as under :

“B) This Court after considering all of the above agonized over

the issue and felt that the greater good/public good lies in the

following and obeying the orders of the Courts when compared to

the inconvenience of postponing the election and that a quia

timet order or a stitch in time is needed in the circumstances.

1) This Court is prima facie of the opinion that the action of the

Officials in not fully implementing the order in W.P.No.3876 of

2020 is not correct. If orders of the Constitutional Courts are not

followed, it will lead to a breaking down of the “Rule of Law” as

we know of it, which is a basic feature of our Constitution.

Elections can be postponed or re-scheduled. Obedience of the

orders of the Cou