Thota Venkateswara Rao vs. The State Election Commission& Ors.

Court:Supreme Court of India
Judge:Hon'ble Kurian Joseph
Case Status:Disposed
Order Date:22 Jan 2015
CNR:SCIN010011252015

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15 Jan 2015

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LISTED ON: 22-1-2015 COURT NO. 7 ITEM NO. : 29

SECTION XIIA IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

PETITION FOR SPECIAL LEAVE TO APPEAL (C) Nos. 1359, 1504 AND 1429 of 2015.

WITH PRAYER FOR INTERIM RELIEF AND INTERLOCUTORY APPLICATION NO.

(Application for exemption from filing in impugned Judgment in SLP(C) Nos. 1504 and 1429 of 2015)

THOTA VENKATESWARA RAO ...Petitioner

-Versus-THE STATE ELECTION COMMISSION & ORS. ...Respondent

OFFICE REPORT

The Special Leave Petition has been filed against the Judgment and final Order dated 11th December, 2014 of the High Court of Judicature, Hyderabad for the State of Telangana and the State of Andhra Pradesh in W.A. No. 1149, 1150 and 29984 of 2014.

It is submitted to the Hon'ble Court that Counsel for the Petitioner has filed a letter dated 13th January, 2015 in SLP(C) No. 1359 of 2015 which reads as under:

"In the above-mentioned matter, the registry has raised an objection that 'the prayer of the SLP is not proper'. It is stated that such prayer as been made as the Petitioner is challenging the Impugned Judgment only to a limited extent. The Petitioner is aggrieved by the Impugned Judgment only to the extent mentioned in the prayer and as such the prayer is proper.

The Registry is further raised an objection that 'prayer b of the interim prayer is incomplete'. It is stated that the Petitioner is a member of a municipality and had suffered a disqualification which has been set aside by the Hon'ble high Court but the Hon'ble high Court has directed that despite the setting aside of the disqualification, the Petitioner is not entitled to the rights and benefits of the membership, which is being prayed for in the said prayer b of the interim relief and therefore the said prayer is

complete and proper.

That the registry has raised a further objection that the notification dt. 10.3.2014 has not been annexed. It is stated that the said notification is not at all necessary for consideration of the present SLP by the Hon'ble High Court. It is further stated that all the relevant documents have been annexed and no other documents are required for consideration of the present SLP. Therefore, the SLP may be numbered and listed before the Hon'ble Court at my risk." (Copy enclosed at P. No. 71 in the SLP paper book).

It is further submitted that SLP(C) Nos. 1504 and 1429 of 2015 are tagged with SLP(C) No. 1359 of 2015 as both are arising out of common order.

The aforesaid matters alongwith application are listed before the Hon'ble Court with this office report.

Dated this, the 20th day of January, 2015.

ASSISTANT REGISTRAR

Copy to :-

*1. Mr. Prashant Chaudhary, Advocate

121, New Lawyers Chambers

**2. Ms. Tatini Basu, Advocate

172, Medha Apartments,

Mayur Vihar, Ph-I Extension

Delhi-91 ..Caveator/Respondent in SLP(C) Nos. 1504 and 1359 of 2015.

ASSISTANT REGISTRAR

**Take notice that the petitions for special leave to appeal above-mentioned from the Judgment and Order, of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh by Mr. Prashant Chaudhary, Advocate on behalf of the petitioner above-mentioned and the matters are listed before the Hon'ble Court on 22nd January, 2015.

* You are required to serve the copy of Petition on Ms. Tatini Basu, Advocate as she has filed caveat on behalf of Respondent No. 4.

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