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B S Venkateshan vs. The State Election Commission

Court:High Court of Andhra Pradesh, Amaravati
Judge:Hon'ble Cheekati Manavendranath Roy
Case Status:Pending
Order Date:14 Dec 2022
CNR:APHC010099482021
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Order Issued After Hearing

Purpose:

Admission (Other Subjects)

Before:

Hon'ble Cheekati Manavendranath Roy

Listed On:

14 Dec 2022

Order Text

(SHOW CAUSE NOTICE BEFORE ADMISSION) IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT (SPECIAL ORIGINAL JURISDICTION) WEDNESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

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:PRESENT:

THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION NO: 5626 OF 2021

Between:

    1. B S Venkateshan, S/o late S Sundaresan, Aged about 39 years R/o 34-117/ 1 Saktiamma Koil Street, Murakamvattu Village Marukamvattu Mandal, Chittoor District, Division Number 2
    1. S Rajkumar, S/o Srinivasulu, Aged about 23 years R/o 22-640/1, Kandriga Mandal. Sambaiah Sambaiah Kandriga Village, ChittoorDistrict, AP Division Number 5
    1. N Vanajamma, W/o Chengama Naidu, aged about 64 years R/o 2-837/e,Sesha Pillar Street, Konga Reddy Palli, Chittoor District, AP Division Number 9
    1. K Lakshmi, W/o K Seshadri, aged about 45 years, R/o 24-680/A, Nn Kandiga, Konga Reddy Palli, Chittoor District, AP Division Number 10
    1. M Raja Naidu, S/o M Srinivasulu Naidu, aged about 55 years, R/o 1, M k Puram Village, M k Puram Mandal, 190 Ramapuram, Chittoor, AP. Division Number 12
    1. N Bhargavi, W/o N Madhu Babu, aged about 40 years R/o 7-8, Gajulapalle, Anupalle Village, Mapakshi, Chittoor, AP. Division Number $14$
    1. J. Lakshmipathi Naidu, S/o Late J. Krishnama Naidu, Aged about 47 Yandamari Mandal. $3-206/A$ , Gandla Kothuru, years. $R/o$ Kukkalapalle, Chittoor, AP. Division Number 21
    1. S Rani, W/o S Siva Kumar, aged about 50 years, R/o 1-208, thena Banda, Thena Banda Mandal, Cittoor, AP. Division Number 22
    1. K Bhuvaneswari, W/o G Arul, aged about 33 years, R/o 15- 1225, Vinayakapuram, Chittoor, Chittoor District, AP. Division Number 28

  • 10.T N Prameela Rani, W/o Anand Babu, aged about 37 years, R/o 15-1136, Vinayakapuram, Chittoor, Chittoor District, AP Division Number 30

  • 11.B Shanmuga Srinivas, S/o B. Shankar Naidu, aged about 36 years, R/o 28-18/1, Ramnagar Colony, C-Cross Ramnagar Colony, Chittoor, Chittoor District, AP.Division Number 32

  • 12.C Veena Rani, W/o C Varadharajulu, aged about 37 years, R/o 28-487/A, Guru Swami Naidu Colony, Gangannapalle, Chittoor, Chittoor District, AP. Division Number 34

    1. P. Murugandan, S/o Late P Padmanabham, aged about 45 years, R/o 3- 197, Mangasamudram Housing Colony, Mangasamudram (Rural), Chittoor North, Chittoor District, AP. Division Number 37

  • 14.S Dhanani, S/o M Subramanyam, aged about 52 years, R/o 9-232, Gurappanaidu, Chittoor, Chittoor District, AP. Division Number 42

  • 15.A R Vamsi Priya, D/o A R Rajendhara, aged about 30 years, R/o 13-124, Eswar Koil Street, Chittoor, Chittoor District, AP. Division Number 44

    1. E.Rathi Devi, W/o R Eswar, aged about 40 years, R/o 6-564, Ellamma Street, Santhapet, Santhapet, Chittoor District, AP. Division Number 48
    1. R Kuppan, S/o Raja Modili, aged about 65 years, R/o 6-418, Ellamma Street, Santhapet, Chittoor District, AP. Division Number 49
    1. B. Gopi, S/o Late K Bala Subramanyam, aged about 58 years, R/o 3-1 Radha Nilayam, Tirupathi Main Road, Murakam Battu Village. Murakam Battu Mandal, Chittoor District, AP Division Number50

Petitioners

Chittoor Muncipal

AND

    1. The State Election Commission, Andhra Pradesh, Vijayawada.
    1. State of Andhra Pradesh, rep. by its Principal Secretary Municipal Administration and Urban Development Dept, Secretariat, Velagapudi, Guntur Dist.
    1. Director of Municipal Administration, State of Andhra Pradesh, Ring Road, Guntur.
    1. The District Collector- Cum- District Election Authority, Chittoor District, Chittoor.
    1. The Commissioner, Chittoor Municipal Corporation, Chittoor.
    1. Superintendent of Police, Chittoor District, Chittoor.
    1. Station House Officer, I Town Police Station, Chittoor.
    1. Station House Officer, II Town Police Station, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 2 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 5 Chittoor Muncipal Corporation, Chittoor.
    1. The Returning Officer, Ward/ Division No. 9 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 10 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 12 Chittoor Muncipal Corporation, Chittoor. 14 Chittoor Muncipal 14. The ReturningOfficer, Ward/ Division No.

  • Corporation, Chittoor. 15. The ReturningOfficer, Ward/ Division No. 21 Chittoor Muncipal

  • Corporation, Chittoor.

    1. The ReturningOfficer, Ward/ Division No. 22 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 28 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 30 Chittoor Muncipal Corporation, Chittoor. 19. The ReturningOfficer, Ward/ Division No. 32 Chittoor Muncipal

  • Corporation, Chittoor. 20. The ReturningOfficer, Ward/ Division No. 34

  • Corporation, Chittoor.

    1. The ReturningOfficer, Ward/ Division No. 37 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 42 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 44 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 48 Chittoor Muncipal Corporation, Chittoor.
    1. The ReturningOfficer, Ward/ Division No. 49 Chittoor Muncipal Corporation. Chittoor.
    1. Sri P.M.R. Prabhakar, Administrative Officer, PR Division office, Chittoor Phone No.9703158730 ReturningOfficer, Ward/ Division No. 50 Chittoor Muncipal Corporation, Chittoor

Respondents

WHEREAS the Petitioners above named through their Advocate SRI K M KRISHNA REDDY presented this Petition under Article 226 of the Constitution of India praving that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased issue a writ, order or direction more particularly one in the nature of writ of Mandamus,

i.Declare the action of the returning officers of division numbers $2,5,9,10,12,14,21,22,28,30,32,34,37,42,44,48,49$ and 50 of the Chittoor Municipial Corporation treating the nominations of the petitioners as withdrawn, as illegal and vitiated by fraud and further direct the 1st respondent to conduct enquiry pursuant to the Complaints/Representations of the petitioners.

ii.Declaring the inaction of the Respondents in complying with the obligation under Articles 14 and 243-ZA read with 243K of the Constitution of India ensuring free and fair election by considering and taking action on the complaints of the petitioners dated 03.03.2021 and 05.03.2021 as infringement of election process besides being illegal and ultra vires Under Article 243-ZA read with 243K of the Indian Constitution.

iii.Declaring the inaction of the Respondent No. 1 in considering the complaints of the petitioners dated 03.03.2021 and 05.03.2021 on par with the complaint pertaining to the 7th ward of the Tirupati Municipal Corporation as illegal, arbitrary and violative of Article 14 of the Indian Constitution.

iv.Consequently direct the Respondents No.1 and 9th to 26th to revive the names of the petitioners candidature in their respective wards/divisions and allot the election symbol to the petitioners and further direct the respondents to ensure free and fair elections.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri K M KRISHNA REDDY Advocate for the Petitioners, SRI, VIVEK CHANDRA SEKHAR, Standing Counsel for the Respondent No.1, GP FOR MUNICIPAL ADMININSTRATION AND URBAN DEVELOPMENT for the Respondent Nos. 2 & 3, GP FOR HOME for the Respondent Nos. 6,7 & 8, GP FOR REVENUE for the Respondent No.4, SRI. KALAVA SURESH KUMAR REDDY, Standing

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Counsel for the Respondent Nos. 5,9 to 26, who filed memo vide USR 99806/2022 with details of addresses of returning officers- respondent Nos. 9 to 26) directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. You viz:

    1. Sri P.M.R. Prabhakar, Administrative Officer, PR Division office, Chittoor Phone No.9703158730, ReturningOfficer, Ward/ Division No. 2 Chittoor Muncipal Corporation, Chittoor,
    1. Sri T.Sivaram, Dy. Executive Engineer, NH Division, Chittoor, Phone No. 9440818381, ReturningOfficer, Ward/ Division No. 5 Chittoor Muncipal Corporation, Chittoor,
    1. Sri P.Mohan Subramanyam, Dy. Tahsildar, O/o Tahsildar, Chittoor-9441600951 ReturningOfficer, Ward/ Division No. 9 Chittoor Muncipal Corporation, Chittoor.
    1. Sri P.Mohan Subramanyam, Dy. Tahsildar, O/o Tahsildar, Chittoor-9441600951, ReturningOfficer, Ward/ Division No. 10 Chittoor Muncipal Corporation, Chittoor.
    1. Sri V.Srinivas, AO, $O/o$ FTC, Chittoor-9000570589. ReturningOfficer, Ward/ Division No. 12 Chittoor Muncipal Corporation, Chittoor.
    1. Sri G.Chalapathi, Dy.Exe. Engineer, R& B Sub-Div. Chittoor -8238291095, ReturningOfficer, Ward/ Division No. 14 Chittoor Muncipal Corporation, Chittoor.
    1. Sri A.Ramaswamy Reddy, Dy.Exe. Engineer, AP Housing Chittoor-Phone No. 7093930998, ReturningOfficer, Ward/ Division No. 21 Chittoor Muncipal Corporation, Chittoor.
    1. Sri K.Chinna Reddappa, Dy. Executive Engineer, RWS, Chittoor-Phone No. 9100121816, ReturningOfficer, Ward/ Division No. 22 Chittoor Muncipal Corporation, Chittoor.
    1. Sri G.Chalapathi, PA to EE, Dy. Executive Engineer, R& B, Chittoor -Phone No. 8179543255, ReturningOfficer, Ward/ Division No. 28 Chittoor Muncipal Corporation, Chittoor.
    1. Sri G.Chalapathi, PA to EE, Dy. Executive Engineer, R& B, Chittoor -Phone No. 8179543255, ReturningOfficer, Ward/ Division No. 30 Chittoor Muncipal Corporation, Chittoor,
    1. Sri V.V.Ramana Rao, DAO, R&B Division, Chittoor Ph.No. 8618774422, ReturningOfficer, Ward/ Division No. 32 Chittoor Muncipal Corporation, Chittoor,
    1. Sri V.V.Ramana Rao, DAO, R&B Division, Chittoor Ph.No. 8618774422, ReturningOfficer, Ward/ Division No. 34 Chittoor Muncipal Corporation, Chittoor.
    1. Sri C.Suri Babu, AD, O/o GMDIC, Chittoor, Ph.No.9490481181, ReturningOfficer, Ward/ Division No. 37 Chittoor Muncipal Corporation, Chittoor.
    1. Sri Md.Mahaboob Basha, AD, O/o GMDIC, Chittoor 9440519340. ReturningOfficer, Ward/ Division No. 42 Chittoor Muncipal Corporation, Chittoor.
    1. Sri Md.Mahaboob Basha, AD, O/o GMDIC, Chittoor 9440519340. ReturningOfficer, Ward/ Division No. 44 Chittoor Muncipal Corporation, Chittoor.
    1. Sri A.N.Praveen Kumar, Dy.Exe.Engineer, R&B,(QC), Chittoor, Phone No.9704732989 & 9440818272, ReturningOfficer, Ward/ Division No. 48 Chittoor Muncipal Corporation, Chittoor.
    1. Sri M. Srikanth Reddy, Agriculture Office, O/o JD Agriculture, Chittoor, PH.No. 8919290262, ReturningOfficer, Ward/ Division No. 49 Chittoor Muncipal Corporation, Chittoor.
    1. Sri P.M.R. Prabhakar, Administrative Officer, PR Division office, Chittoor Phone No.9703158730, ReturningOfficer, Ward/ Division No. 50 Chittoor Muncipal Corporation, Chittoor

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the memorandum of grounds filed therewith(copy enclosed) this WRIT PETITION should not be admitted within four weeks.

The Court made the following order:

"Learned Government Pleader for Revenue would submit that he is not appearing for respondent Nos.9 to 26, who are added as parties in their capacity as Returning Officers. He would submit that notices have to be taken to respondent Nos.9 to 26.

Therefore, issue notice to respondent Nos.9 to 26.

Mr.Suresh Kumar Reddy Kalava, learned Standing Counsel for respondent No.5-Municipal Corporation is directed to furnish details of addresses of the Returning Officers-respondent Nos.9 to 26 to learned counsel for the petitioners to enable him to take out notices to respondent Nos.9 to 26.

List the matter after four weeks."

Sd/- G. HELA NAIDU ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

To,

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    1. Sri P.M.R. Prabhakar, Administrative Officer, PR Division office, Chittoor Phone No.9703158730, ReturningOfficer, Ward/ Division No. 2 Chittoor Muncipal Corporation, Chittoor.
    1. Sri T.Sivaram, Dy. Executive Engineer, NH Division, Chittoor, Phone No. 9440818381, ReturningOfficer, Ward/ Division No. 5 Chittoor Muncipal Corporation, Chittoor.
    1. Sri P.Mohan Subramanyam, Dy. Tahsildar, O/o Tahsildar, Chittoor-9441600951 ReturningOfficer, Ward/ Division No. 9 Chittoor Muncipal Corporation, Chittoor.
    1. Sri P.Mohan Subramanyam, Dy. Tahsildar, O/o Tahsildar, Chittoor-9441600951, ReturningOfficer, Ward/ Division No. 10 Chittoor Muncipal Corporation, Chittoor.
    1. Sri V.Srinivas, AO, O/o FTC, Chittoor- 9000570589, ReturningOfficer, Ward/ Division No. 12 Chittoor Muncipal Corporation, Chittoor.
    1. Sri G.Chalapathi, Dy.Exe. Engineer, R& B Sub-Div. Chittoor -8238291095, ReturningOfficer, Ward/ Division No. 14 Chittoor Muncipal Corporation, Chittoor.
    1. Sri A.Ramaswamy Reddy, Dy.Exe. Engineer, AP Housing Chittoor-Phone No. 7093930998, ReturningOfficer, Ward/ Division No. 21 Chittoor Muncipal Corporation, Chittoor.
    1. Sri K.Chinna Reddappa, Dy. Executive Engineer, RWS, Chittoor-Phone No. 9100121816, ReturningOfficer, Ward/ Division No. 22 Chittoor Muncipal Corporation, Chittoor.
    1. Sri G.Chalapathi, PA to EE, Dy. Executive Engineer, R& B, Chittoor Phone No. 8179543255, ReturningOfficer, Ward/ Division No. 28 Chittoor Muncipal Corporation, Chittoor.
    1. Sri G.Chalapathi, PA to EE, Dy. Executive Engineer, R& B, Chittoor -Phone No. 8179543255, ReturningOfficer, Ward/ Division No. 30 Chittoor Muncipal Corporation, Chittoor.
    1. Sri V.V.Ramana Rao, DAO R&B Division, Chittoor Ph.No. 8618774422. ReturningOfficer, Ward/ Division No. 32 Chittoor Muncipal Corporation, Chittoor.
    1. Sri V.V.Ramana Rao, DAO, R&B Division, Chittoor Ph.No. 8618774422, ReturningOfficer, Ward/ Division No. 34 Chittoor Muncipal Corporation, Chittoor.
    1. Sri C.Suri Babu, AD, O/o GMDIC, Chittoor, Ph.No.9490481181. ReturningOfficer, Ward/ Division No. 37 Chittoor Muncipal Corporation, Chittoor.
    1. Sri Md.Mahaboob Basha, AD, O/o GMDIC, Chittoor 9440519340, ReturningOfficer, Ward/ Division No. 42 Chittoor Muncipal Corporation. Chittoor.
    1. Sri Md.Mahaboob Basha, AD, O/o GMDIC, Chittoor 9440519340. ReturningOfficer, Ward/ Division No. 44 Chittoor Muncipal Corporation. Chittoor.
    1. Sri A.N.Praveen Kumar, Dy.Exe.Engineer, R&B.(QC), Chittoor, Phone No.9704732989 & 9440818272, ReturningOfficer, Ward/ Division No. 48 Chittoor Muncipal Corporation, Chittoor.
    1. Sri M. Srikanth Reddy, Agriculture Office, O/o JD Agriculture, Chittoor, PH.No. 8919290262, ReturningOfficer, Ward/ Division No. 49 Chittoor Muncipal Corporation, Chittoor.
    1. Sri P.M.R. Prabhakar, Administrative Officer, PR Division office. Chittoor Phone No.9703158730, ReturningOfficer, Ward/ Division No. 50 Chittoor Muncipal Corporation, Chittoor( 1 to 18 by RPAD- along with a copy of petition and affidavit)
    1. One CC to SRI. K M KRISHNA REDDY Advocate [OPUC]
    1. One CC to SRI. VIVEK CHANDRA SEKHAR, Standing Counsel [OPUC]
    1. One CC to SRI. KALAVA SURESH KUMAR REDDY, Standing Counsel [OPUC]
    1. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT]
    1. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT]
  1. Two CCs to GP FOR MUNICIPAL ADMININSTRATION AND URBAN DEVELOPMENT, High Court of Andhra Pradesh [OUT] 25. One spare copy

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HIGH COURT

CMRJ

DATED:14/12/2022

LIST THE MATTER AFTER FOUR WEEKS

NOTICE BEFORE ADMISSION

WP.No.5626 of 2021

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