Andhra Pradesh High Court - Amravati
A.V.Badra Naga Seshayya, vs State Of Andhra Pradesh, on 27 May, 2020
Author: B Krishna Mohan
Bench: B Krishna Mohan
(SHOW CAUSE NOTICE BEFORE ADMISSION) HIGH COURT OF ANDHRA PRADESH WEDNESDAY, THE TWENTY SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY ~ PRESENT: THE HONOURABLE SRI JUSTICE A VY SESHA SAI AND THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WLPIPUBLIC INTEREST LIMIGATION) NO: 1231 OF 2020 Between: 1. AV. Badra Naga Seshayys, S/o Gn. A. Rama Rao, Aged about 34, advocate, A'o 1-95, Gandhi! Nagaram, Chemudu Lanka, Chopsella Post, Alamuru Mandal, East Godavarl District, Andhra Pradesh - 880234. oh. 77e8s0e4as Aadhar. O7ay- S8O1-FG42, SB A'O.82088189033, FAN Nurber. BGFPSS77SG, Email. advocaiebadra gmailcom 2. Kandukurl L.N.S.K. Rao, Sfo Sri. Subrahmanyam, Aged about 46, advocate, Rfo 80-47-1841, JN Road, Rajahmundry, Andhra Pradesh, Ph.o4407 18640, Aadhar S628-9727-8377, SBE AMO .33854908725 PAN Number ALOPKSSSOL, Email ssiidy gmailoam. coon QTTONG PS AND 1, Stete of Andhra Fraciesh, Reo. by its Principal Secretary, Department of panchayal Raj and Rural Development, AP Secretariat, Velagapud!, Amaravathi- B22505. 2. State of Andhra Pradesh, Ren. by its Principal Secretary, Department of Municinal Adrrinistration and Urban Development, AP Secretarial, Velagapud), Amaravaih-b2s503. 3. Andhra Pradesh State Election Commission, Represented by its Stele Electian Commissioner, Ist floor, New NOOs Bullding, Mia. Road, Vaayawada - 220010, voor aro ftSS PONANTS WHEREAS the petifioner abave named through his Advocate SRUMS.R.SASHI BHUSHAN, presented this Petition under Aricle 226 of the Constitution of India praying that in the circumstances stated in the affidavil fied therewith, the High Court may be igased to declare that the proclamation, attempt! or conduct of respondent no,3 in not
conducting any election/poll far any post where there is only a single candidate in the fray for such past in any terriforial constituency, during the ensuing selections fo he held for the members of various local governing bodies in fieu of the notifications and theraby denriving the slectars' of thelr right to vote In the form of NOTA againe! such single candidates, while merely declaring such single candidate as duly elected as a member of any particular local governing body, while not enabling and maintaining a recard of NOTA votes thal may be cast against such single candidate, in any manner whatsoever, is violative of the constituffonal, fundamental and statutory rights of the electors guaranteed under the Constitution of India including Articles I4, 19) Ma} and 2%, Election laws, apart from being (legal, arbivary, unlawful, unjust, unfair, unreasonable and consequently direct respoandent No.2 to conduct election/pall for any post in any ferriforial constituency, even when there is only 8 single candidate in the fray for such post, during the ensuing elections, for the post of members of various [oval governing bodies in lieu of the 'notifications' and cast against such individual, in the inerests of justing, else the electars and public at large shall suffer lreparable loss and inury.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of SRI.M.S.R.SASHI BHUSHAN, Advocate for the petitioner, learned Government Pleader for Panchayat Raj & Rural Development for Respondent No.1, learned Government Pleader for Municipal Administration & Urban Development for Respondent No.2 and of Sri V.V.Prabhakar, learned Standing Counsel for Respondent No.3, directed issue of notice to Respondent No.3, herein to show cause as to why this W.P.(PUBLIC INTEREST LITIGATION) should not be admitted.
You viz:
The State Election Commissioner, Andhra Pradesh State Election Commission, 1st floor, New HODs Building, M.G. Road, Vijayawada - 520010.
are 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 affidavit filed therewith (copy enclosed) this WRIT PETITION (PIL) should not be admitted before 15.06.2020, on which date the case stands posted for hearing.
IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct respondent no.3, to not to proceed with the elections including declaring a candidate as member vis-a-vis all those posts in any territorial constituencies where there is only a single candidate in the fray for such post, in the ensuing elections to be conducted in lieu of the 'notifications' issued by respondent no. 3, till the 'electors' are enabled to vote vis-a-vis 'NOTA' against such single candidates in the fray for any post in any territorial constituency and till necessary arrangements are made to record all such 'NOTA' votes that may be cast against the single candidate, pending disposal of WP(PIL) 131 of 2020, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Learned GP for Panchayat Raj takes notice for R1. Learned GP for Municipal Administration takes notice for R2. Notice to R3.
Learned counsel for petitioners is permitted to take out personal notice to R3 by RPAD and file proof of service thereof into the Court. aA A SD/- K, VENKAIAH Post on 15.06.2020. ASSISTANT REGISTRAR ITTRUE COPY! Pie. | For ASSISTANT REGISTRAR
1. The State Election Commissioner, Andhra Pradesh State Election Commission, 1st floor, New HODs Building, M.G. Road, Vijayawada - 520010. (by RPAD along with a copy of petition and affidavit) One CC to SR!.M.S.R.SASHI BHUSHAN, Advocate (OPUC) Two CC to GP for MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT, High Court of Andhra Pradesh (OUT) Two CCs to Sri V.V.Prabhakar, Standing Counsel (OPUC) Two spare copies.
To ak wh a HIGH COURT AVSSJ & BKMJ DATED:27.05.2020 NOTE: POST ON 15.06.2020 NOTICE BEFORE ADMISSION WP(PIL).No.131 of 2020