Andhra Pradesh High Court - Amravati
N Ramesh Kumar vs State Of Andhra Pradesh on 29 April, 2020
Bench: J K Maheshwari, M.Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(SPECtAL ORtGtNAL JURtSDTCTtON)
WEDNESDAY, THE TWENTY NINTH DAY OF APRIL, TWO THOUSAND AND TWENTY
:PRESENT:
THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI
AND
THE HONOURABLE SRI JUSTICE M. SATYANARAYANAMURTHY
W.P.Nos. 8163,8164,8165, 8166 &.8167 of 2O2O;
W.P.(PlL).No. 89, 90, 94, 95, 97, 98, 99 of 2020;
W.P.No. 8163 of 2O2O i-
Between:-
Dr. N. Ramesh Kumar, lAS, Aged about 64 years, S/o. Late Ravindranth Chowdary,
Occ :Government Service, R/o. Ptot No. 59, Street No 3, Prashasan Nagar,
Jubilee Hilts, Hyderabad.
, . Petitioner.
AND
1.The State of Andhra Pradesh, Rep. by its Principal Secretary to Government,
Generat Administration Department, A.P. Secretariat, Velagapudi,
Guntur District, Andhra Pradesh.
2.The State of Andhra Pradesh, Rep. by its Principal Secretary to Government,
Panchayatraj & Rural Devetopment (E & R) Department, A.P. Secretariat,
Veagapudi, Guntur District, Andhra Pradesh.
3.The A.P. State Etection Commission, Rep. by its Secretary,
1't Floor, New Hod's Buitding, lndira Gandhi Municipat Stadium,
M.G. Road, Vijayawada, Andhra Pradesh -520010.
4.Sri Justice V. Kanagaraj, Retired Judge, High Court of Madras,
No. 104, Supreme Enctive Tower-10, Gyui Vihar, Phase-1, New Dethi -110091 .
. . Respondents.
Petition under Articte 226 of the Constitution of lndia, praying that in the
circumstances stated in the affidavit filed therein, the High Court may be pteased to
issue an appropriate Writ, Order or Direction more particularty one in the nature of
"Writ of Mandamus"
f
A. Declaring the Andhra Pradesh Ordinance No.5 of 2020 i.e. Andhra Pradesh
Panchayat Raj (Second Amendment) Ordinance, 2020 promutgated by the
Governor, who is the executive head of the respondent No1 exercising ,
legitimate power to achieve itlegitimate purpose of removing the Petitioner
from service, as being itlegat, manifestly arbitrary, unconstitutionat, and;
B. Dectaring the Andhra Pradesh Panchayat Raj (Sataries and Attowances,
Conditions of Serv'ice, Tenure of State Etection Commissioner) Rutes, 2020,
notified vide G.O.Ms.No. 617 Panchayat Raj And Rural Devetopment (E&R)
Department dated 10.04.2020, issued by the Governor, framing service rutes in
pursuance of Andhra Pradesh Ordinance No.5 of 2020 as being iItegat,
manifestty arbitrary, u nconstitutionat, and
C. Dectaring the action of the Governor in issuing order/ notification in pursuance
of the impugned Andhra Pradesh Ordinance No.5 of 2020, published vide
G.O.Ms.No.618 dated 10.04.2020, stating that the Petitioner ceases to hotd the
office of State Election Commissioner on and with effect from 10.04.2020, as
being itlegat, arbitrary ad;
D, Consequentty set-aside the order / notification, in effect removing the
Petitioner as the Andhra Pradesh State Etection Commissioner, issued in
pursuance of the impugned Andhra Pradesh Ordinance No.5 of 2020, published
vide G.O.Ms.No.618 dated 10.04.7020, stating that the Petitioner ceases to
hotd the office of State Election Commissioner on and with effect from
'10.04.2020 and;
Contd..2..
)
E. Consequentty, set-aside the order/ notification in pursuance of the impugned
Andhra Pradesh Ordinance No. 5 of 2020, pubtished vide G.O.Ms.No.619 dated
11 .04.2020, appointing the unofficial Respondent to the post of the State
Etection Commissioner ittegatty, in effect removing the Petitioner from the
post of State Election Commissioner of the Andhra Pradesh State Etection
Commission, as being iItegat, arbitrary, u nconstitutionaI and;
F. Consequent, to declare that the Petitioner is entitted to serve as the Andhra
Pradesh State Election Commission for the remainder of his term, in terms of
the appointment order notified G.O.Ms.No. 11 of Panchayat Raj and Rural
Deve[opment dated 30.0'1 .2016, i.e. for the tenure of five years from the date
of assumption of office i.e. 01 .04.2016
l.A No. 1 of 2020:-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pleased to stay a[[
further proceedings pursuant to the issuance of the impugned Andhra Pradesh
Ordinance No.5 of 2020 i.e. Andhra Pradesh Panchayat Raj (Second Amendment)
Ordinance, 2020, pending disposal of W.P.No. 8163 of 2020, on the fite of the High
Court.
l.A No. 2 of 2020 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pteased to suspend the
operation of Andhra Pradesh Panchayat Raj (Sataries and At[owances, Conditions of
Service, Tenure of State Etection Commissioner) Rutes, 2020, notified vide
G.O,Ms.No.617, Panchayat Raj and Rural Development (E &. R) Department dated
10.04.2020, pending disposal of W.P.No. 8163 of 2020, on the fite of the High Court.
l.A No. 3 of 2020 t-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pteased to suspend the
order/ notification, in effect removing the Petitioner as the Andhra Pradesh State
E[ection Commissioner, vide G.O.Ms.No. 618 dated 10.04.2020, stating that the
petitioner ceases to hotd the office of State Etection Commissioner on and with effect
trom 10.04.2020 issued in pursuance of the impugned Andhra Pradesh Ordinance No.5
of 2020, pending disposal of W.P.No. 8'163 of 2020, on the fite of the High Court.
l.A.No. 4 of 2020:-
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit fited in support of W.P., the High Court may be pteased to suspend the
order/notification G.O.Ms.No. 619 dated 11.04.2020, in effect removing the
Petitioner from the post of State Etection Commissioner of the Andhra Pradesh State
E[ection Commission issued in pursuance of the impugned Andhra Pradesh Ordinance
No.5 of 2020, pending disposal of W.P.No. 8163 of 2020, on the fite of the H'igh Court.
W.P.No. 8164 of 2O2O t-
1. Matlela Sravan Kumar Reddy, S/o. M. Muni Sekhar Reddy, R/o. D.No. 1911504,
BHAGYA NAGAR COLONY, JAMMALAMADUGU, KADAPA DISTRICT.
7. Y. Srinivasa Raju, S/o. Rama Raju, R/o. KOMMUVARI STREET,
SATYANARAYANAPURAM, VIJAYAWADA, KRISHNA DISTRICT
. . Petitioners
AND
1. State of Andhra Pradesh, Rep. by its Secreary, Law Legistative Affairs
Department, A.P. Secretariat, Vetagapudi, Amaravati, Guntur District, Andhra
Pradesh
2. The State of Andhra Pradesh, rep. by it Secretary, Panchayat Raj and Rural
Devetopment, A.P. Secretariat, Vetagapudi, Amaravati, Guntur District,
Andhra Pradesh
3. The State Etection Commission, State of Andhra Pradesh, VIJAYAWADA,
KRISHNA DISTRICT.
.. Respondents.
Contd...2...
J
Petition under Articte 226 of the Constitution of lndia praying that in the
circumstances stated in the affidavit fited therewith, the High Court may be pteased
to issue a Writ of Mandamus or any other appropriate Writ dectaring that Andhra
Pradesh Ordinance No. 5 of 2020 captioned as The Andhra Pradesh Panchayat Raj
(Second Amendment) Ordinance, 2020 is Arbitrary, discriminatory and
u nconstitutional and consequently strike down the same and direct the respondents to
forbear from enforcing any provision contained in the said ordinance and grant such
other retief
l.A No. 1 of 2O2O t-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pleased to suspend the
operation and affect of Andhra Pradesh Ordinance No. 5 of 2020, captioned as the
A.P. Panchayat Raj Second Amendment Ordinance 2020 inctuding a[[ consequential
action steps, pending disposal of W.P.No. 8164 of 2020, on the fite of the High Court.
W.P.No. 8165 of 2O2O :-
Between:
Varla Ramaiah, S/o. Varta lssac, R/o. D.No. 1-3-174l8, 'Sarvahita', Varta
Yugandhar Marg, Vidyadharapuram, Vijayawada.
. . Petitioner
AND
'l
.State of Andhra Pradesh, Rep. by its Principal Secretary, General Administration
Department, Secretariat, Vetagapudi, Amravathi.
2.State of Andhra Pradesh, Rep. by its Principal Secretary,
Panchayat Raj and Rural Devetopment Department, Secretariat,
Vetagapudi, Amaravathi.
3.State of Andhra Pradesh, Rep. by its Principal Secretary,
Law Department, Secretariat, Vetagapudi, Amaravathi.
4.Y.S. Jagan Mohan Reddy, S/o. late Y.S. Rajasekhar Reddy,
R/o. Chief Minister Camp Office, Tadepalti, Guntur District.
.. Respondents
Petition under Articte 226 of the Constitution of lndia praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased
to issue order, writ or direction more particularly one in the nature of Writ of
Mandamus dectaring the action of the respondents in,
i).Amending Section 200 of the A.P.Panchayat Raj Act, 1994 issuing Ordinance
No.5 of 2020,
'ii) Giving retrospective effect to the Andhra Pradesh Panchayat Raj (Sataries
and Atlowances, Conditions of Service and Tenure of State Etection Commissioner)
Rutes, 2020 issued vide G.O.Ms.No.617 Panchayat Raj and Rural Devetopment (E & R)
Department dated 10.04.2020,
iii)lssuing G.O.Ms.No.618 Panchayat Raj and Rural Devetopment (E and R)
Department dated 10.04.2020 notifying that Dr.N.Ramesh Kumar ceased to hotd the
office of the State Election Commissioner with effect from 10.04.2020 as i[[egat,
arbitrary, vitiated by maLafides, cotourabte exercise of power, contrary to
G.0.Ms.No.11 Panchayat Raj and Rural Devetopment (Elections.) Department dated
30.01 .2016 and Artictes 14, 21 and 243K of the Constitution of lndia and consequentty
strike down Ordinance No.5 of 2020, strike down RuLe 5(2) of the Andhra Pradesh
Panchayat Raj (Salaries and Altowances, Conditions of Service and Tenure of State
Etection Commissioner) Rules, 2020 and set aside G.O.Ms.No.618 Panchayat Raj and
Rural Development (E and R) Department dated 10.04.2020.
Contd. .4...
.1
l.A No. 1 ot 202Q :-
Petition under Section 151 CPC praying t hat in the circumstances stated
in the affidavit fited in support of the petition, the High court may be pleased to
suspend the operation of G.o.Ms.No. 618 and Rural Devetopment (E & R) Department
dt. 10-04-2020, pending disposat of W.P'No. 8165 of 2020, on the fite of the High
Court.
l.A No. 2 of 2020 :-
Petition under Section 151 CPC praying that in the circumstances state d
in the affidavit fited in support of the petition, the High Court may be pteased may be
pleased to suspend the operation of Ordinance No.5/2020 and A.P' Panchayat Raj
(Sataries and Atlowances) conduct of service and Tenure of State Election
Commission) Rutes 2020, pending disposa[ of WP No. 8165 of 2020, on the fite of the
High Court.
W.P.No. 8'1 66 of 2070 t-
Between : -
Ganduri Mahesh, S/o. G.C.S. Murthy, R/o. 22'23-74, SHIVALAYAM STREET,
SATYANARAYANAPU RAM, VI JAYAWADA
.. Petitioner
AND
1. Union of lndia, Rep. BY ITS UNDER SECRETARY, MINISTRRY OF HOME AFFAIRS,
NEW DELHI
2. OFFICE OF THE GOVERNOR OF ANDHRA PRADESH, REP., BY ITS SECRETARY,
RAJBHAVAN, VIJAYAWADA.
3. STATE OF ANDHRA PRADESH, REP. BY ITS CHIEF SECRETARY, GENERAL
ADMI N I STRATI UON DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.
4. THE PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT
DEPARTMENT, SECRETARIAT, VELAGAPU D I, AMARAVATI
5. ANDHRA PRADESH STATE ELECTION CO/\/1/V\ISSION, REP., BY ITS SECRETARY, 1,t
Floor, New HOD Buitdings, MG Road, vijayawada-520010 Krishna District,
Andhra Pradesh.
6. Dr. N. RAMESH KUMAR, 1't Ftoor, New HOD Bui[dings, MG Road, vijayawada-
520010 Krishna District, Andhra Pradesh.
7. Honourable Sri Justice V. Kanaga Raj, Chief Etection Commissioner, 1't Ftoor,
New HOD Buitdings, MG Road, vijayawada-520010 Krishna District, Andhra
Pradesh.
. . Respondents.
Petition under Article 226 of the Constitution of lndia praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pteased
to lssue an appropriate writ. order or direction, and more particularly one in the
nature of writ of Mandamus, dectaring (a)The Andhra Pradesh Panchayat Raj (Second
Amendment) Ordinance, 2020. dated 10.04.2020. (b)The Consequential G.O.Ms. No.
617 Panchyata Raj and Rura[ Devetopent (E and R) Department, dated 10.04.2020.
(c)G.O.Ms.No. 618 Panchayat Raj and Rural Devetopment (E and R) Department, dated
10.04.2020. (d)G.O.Ms.No.619 Panchayat Raj and Rural Devetopment (E and R)
Department. dated 11.04.2020 and (e) atl consequential actions in pursuance of the
Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2020. dated
10.04.2020. as highly arbitrary, ittega[. UnconstitutionaI and u[tra vires of the
Constitution of lndia and consequent'iatty to set aside the same
l.A No. 1 of 2020:-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pteased to suspend the
operation of Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2020
dl. 10.04.2020 inctuding the consequentiat G.O.Ms No. 617 Panchayat Raj &. Rural
Devetopment (E&.R) Department dt 10.04.2020 G.O.Ms no. 618 Panchayat Raj & Rurat
Development (E&.R) Department dt 10.04.2020 & G.O.Ms No. 619 Panchayat Raj and
Ruraf Devetopment (E&R) department dl 11.04.7020, pending disposal of W.P.No.
8166 of 2020, on the file of the High Court.
Contd...5....
5
l.A No. 2 of 2O2O :-
Petition under Section 15'l CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pteased to stay the
further process of the elections for [oca[ bodies in the state of Andhra Pradesh,
pending disposal of W.P. 8166 of 2020, on the fite of the High Court.
W.P.No. 8167 of 2O2O i-
Between:-
Dr. Kamineni Srinivas, S/o Late Vijayasimha Hindu, Age 74 years Occ. Medical
Practitioner Former Health Minister BJP, R/o. Kaikaturu, Krishna District, Andhra
Pradesh.
.. Petitioner
AND
1. The State of Andhra Pradesh, Rep by Chief Secretary to Government,
Department of General Administration, A.P. Secretariat, Vetagapudi,
Amaravathi. 520020, A.P.
2. Government of Andhra Pradesh, , Rep by Principal Secretary to Government ,
Department of Legat and Legislative A.P. Secretariat, Vetagapudi, Amaravathi.
520020, A.P.
3. Government of Andhra Pradesh, , Department of Panchyathraj and Rural
Devetopment Rep by its Principal Secretary, Velagapudi, Amaravathi 520020,
A.P.
4, A.P. State Election Commission, Rep by its Secretary, New HOD's Buitding,
lndira Gandhi Buitding Vijayawada. 520010, A.P.
5. Sri Justice V. Kanagaraj, Retired Judge, High Court of Madras A.P. State
Election Commissioner New HOD's Buitding,lndira Gandhi Buitding Vijayawada.
520010, A.P.
6. Dr.N. Ramesh Kumar lAS, S/o Late Ravindranath Chowdary Hindu, Aged about
64 years Former State Etection Commissioner R/o. Ptot No.59,
Street No.3, Prashashan Nagar Jubitee Hitts, Hyderabad.
..Respondents.
Petition under Articte 226 of the Constitution of lndia praying that in the
circumstances stated in the affidavit fited therewith, the High Court may be pteased
to issue writ or direction more particutarly one in the nature of writ of Mandamus
a. dectaring the Ordinance 5/2020 dated 10-04-2020 substituting the section
200 of the PrincipaI Act i.e., A.P. Panchyat Raj,1994, as unconstitutionat, ultravires
the Constitutionat provision particutarly Art 14,743F,J,K read with Art 324 of The
Constitution of lndia b) to declare rutes catled as ANDHRA PRADESH PANCHAYAT RAJ
(SALARIES AND ALLOWANCES, CONDITIONS OF SERVICE AND TENURE OF STATE
ELECTION COIWV\ISSIONER) RULES, 2020 issued by the 3rd respondent in G.O.Ms No.617
dated'10-04-2020 and G.0,Ms No.618 dated 10-4-2020 issued by the 3rd respondent
and further appointment of State Etection Commissioner by the 5th respondent vide
G.O.Ms 619 dated 11- 04-2020 are i[tega[, contrary to law as u nconstitutional,
arbitrary, ittegal viotative of Art 14 and excessive delegation of power and is in
viotation of the Seventy Third Constitutional Amendment with particular reference to
Articles 243-K
f.A No. 1 of 2O2O:.-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of the petition, the High Court may be pteased to
suspend the operation of the G.O.Ms No. 618 dated 10-4-2020 issued by the 3rd
respondent pending disposal of W.P.No. 8167 ot 2020, on the fite of the High Court.
Contd.,.6...
6
l.A No. 2 of 2020 t-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of the w.P., the High court may be pleased to suspend
the appointment of state Etection commissioner by the 3rd respondent vide G.o.Ms
619 dated 11-04-2020 duty restraining him from discharging duties as a A'P. State
Etection Commissioner pending disposat of W.P.No. 8167 of 2020, on the fite of the
High Court.
l.A. No. 3 of 2O2O:.-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pteased to suspend the
operation of the Andhra Pradesh Ordinance No. 5 of 2020 10.04.2020 pending disposal
of W.P.No. 8167 of 2020, on the fite of the High Court.
l.A.No. 4 of 2O2O:-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pleased to suspend the
operation of the rules catled as "ANDHRA PRADESH PANCHAYAT RAJ (SALARIES AND
ALLOWANCES, CONDITIONS OF SERVICE AND TENURE OF STATE ELECTION
COMMISSIONER) RULES, 2020" issued by the 3rd respondent in G.O.Ms No.6'17 dated
10-04-2020 pending disposal of W.P.No. 8167 ot 2020, on the fite of the High Court.
W.P.(PlL).No. 89 of 2020 :-
Between:
Thandava Yoges, 5/o. Venkateswarlu, Occ : Advocate, Gowthavaram,
Racherta Mandat, Prakasam District, Andhra Pradesh -523368,
Ph :9491783736, Aadhar :5105-5458-4458, 5Bl A/c :20027823442,
PAN Number : AC|POY5308D, e-mai[ : Yoqesh [email protected].
. . Petitioner.
AND
1.The State of Andhra Pradesh Rep. by Chief Secretary, Government of
Andhra Pradesh, A.P. Secretariat, Vetagapudi, Amaravathi -522503.
2.The State of Andhra Pradesh, Rep. by Principal Secretary,
Department of Panchayat Raj, A.P. Secretariat, Vetagapudi, Amaravathi-522503.
3.The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Law,
A.P. Secretariat, Vetagapudi, Amaravathi -522503.
4.Sri JUSTICE V. Kanagaraj, Aged about 75 years, Occ : State Etection Commissioner,
Retired Judge of High Court of Madras, C/o. State Etection Commissioner,
New HOD Buitding, IGM Stadium, M.G. Road, Vijayawada -10.
5.Sri Dr. N. Ramesh Kumar, lAS, S/o. Late Ravindranth Chowdary,
Aged about 64, years, Occ : Government Service, R/o. P[ot No. 59, Street No.3,
Prasasan Nagar, Jubili Hitts, Hyderabad.
(RR 4 and 5 impteaded as respondents, orders passed in l.A.No. 2 of 2020 in
W.P. (PlL).No. 89 of 2020 vide Court order dated 13-04-2020\
. . Respondents.
Petition under Articte 226 of the Constitution of lndia, praying that in the
circumstances stated in the affidavit filed therein, the High Court may be pleased to
issue a Writ, Order or Direction, more particutarly one in the nature of Writ of
Mandamus, declaring the variation of Tenure of State Etection Commissioner through
Section 200(3), and 200(5) of Ordinance No. 05 o 2020 i.. Andhra Pradesh Panchayat
Raj (Second Amendment) Ordinance, 2020 and subseqi-rent Rute 5 of G.O.Ms.No. 617
dated 10.04.2020 by Panchayat Raj and Rural Deve[opment Departnient contrary to
the Constitutional mandate under Art. 243K(2\ is u ncon stitutionat, arbitrary, iltegat
and viotation of Art. 14, Article. Art.243K(2 of the Constitution of lndia and
consequentty set aside Section 200(3), and 200(5) of Ordinance NO. 05 of 2020 i.e.
Andhra Pradesh POanchayat Raj (Second Amendment) Ordinance, 2020 and
subsequent Ru[e.5 of G.O.Ms.No.617 dated 10.04.2020 by Panchayat Raj and Rural
Development Department and Set Aside G.O.Ms.No.618 dated 10.04.2020 and
G.O.Ms.No.619 dated 11.04.2020 issued by Panchayat Raj and Rural Devetopment
Department.
( Prayer amended as per orders passed in l.A.No. 3 of 2020 in W.P.(PlL).N0. B of 2020
vide court order dated 13-04-2020)
Contd..7...
7
l.A No. 1 of 2O2O:.-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(PIL), the High Court may be pteased to
suspend Rute No. 5 of the G.O.Ms No. 617 dated 10.04.2020 issued by Panchayat Raj
and Rural Devetopment Department, pending disposal ofW.P.(PlL) 89 of2020, on the
fite of the High Court.
l.A No. 4 of 2O2O:.-
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 to (i) take
necessary action against the violators for viotating the directions, nationat protocol
and rutes during lockdown either to be fottowed at interstate borders or within the
State in terms of the Order dated 26-3-2020 passed by the Hon'bte High Court or in
comptiance of the guidetines issued by the Central Government, (ii) to restrict the
movement of any potitical party activists, in any manner whatsoever and for any
reasons whatsoever, during lockdown on par with the general pubtic of the State and
(iii) not to give any retaxation to rute(s) or protocoI to any individua[s, including the
peopte's representatives either enabting to move freety during restriction times of
lockdown or visiting government offices, except in the circumstances requiring
monitoring of providing essentiaI services to the pubtic under authority and in
capacity of either State Legistators or Parliament Members, pending disposal of
W.P.(PlL) 89 of 2020, on the fi[e of the High Court.
W.P.(PlL).No. 9O of 202O:-
Between:-
Vadde Sobhanadreswara Rao, B. Sc. , 8.E., S/o. Late Sri V. Ankaiah, R/o. Vyyuru
Vitlage and Mandal, Krishna District, A.P.
. . Petitioner.
AND
1. The State of Andhra Pradesh, Rep., by its Chief Secretary, A.P. Secretariat,
Velagapudi, Amaravati, Guntur District , Andhra Pradesh
2. Etection Commissioner, The Etection Commission of lndia, Nirvachan Sadan,
Asokha Road, New Dethi, rep. by its Chief Etection Commissioner.
3. The Secretary to Government, Legal and Legistative Affairs and Justice, Law
Department, A.P. Secratariat, Vetagapudi, Amaravati, Guntur District, Andhra
Pradesh.
4. The Principal Secretary to Government, Panchayat Raj and Rura[ Devetopment,
A.P. Secretariat, Vetagapudi, Amaravati, Guntur District, Andhra Pradesh
5. The Principal Secretary to Government, Municipal Administration and Urban
Devetopment, A.P. Secratariat, Vetagapudi, Amaravati, Guntur District,
Andhra Pradesh
6. The Andhra Pradesh State Election Commission, 1't Ftoor, New HOD Buildings,
MG Road, Vijayawada-520010, Krishna District, Andhra Pradesh.
7. Dr. N. Ramesh Kumar, Ex-Chief Election Commissioner, Ftat No. 59, Road No.
72, Street No. 3, Prashashan Nagar, Jubitee Hi[ts, Hyderabad, Tetangana.
8. Honourable Sri Justice V. Kanaga Raj, Chief Etection Commissioner, 1't Floor,
New HOD Buitdings, MG Road, Vijayawada-520010, Krishna District, Andhra
Pradesh, EmaiI id- Secy.apsec@gmai l.com.
. . Respondents.
Petition under Articte 226 of the Constitution of lndia, praying that in the
circumstances stated in the affidavit fited therein, the High Court may be pleased to
i. dectare Ordinance No. 5 of 2020 Dt.10-04-2020, as nut[ and void or in the
alternative to dectare that the same will not affect the tenure of the 7th Respondent
as State etection Commissioner for a period of 5 years with affect f rom 3011 /2016.
Contd...8....
|E!.
8
lll. to dectare AP Panchayat Raj (Sataries and Attowances, conditions of
Service, Tenure of state Etection commissioner) Rutes, 2020 issued wide G.0 Ms. No.
6.17 PR and RD (E and R) Department dated 101412020 as void and non'est in law or in
the atternative to declare the su.e witt not affect the tenure of 7th Respondent as
state Etection commissioner for a period of 5 years with affect f rom 301112016.
lll. To dectare G.O Ms. No. 618, PR and RD (E and R) Department dated
1Ol4l2O7O as void and non-est in [aw, whereunder it was stated that the 7th
respondent ceases to hotd office of State Etection Commissioner on and with effect
from 1014/2020.
lV. To dectare G.O Ms. No. 619 PR & RD (E and R) Department dated 11/4/2020
as void and non-est in Law, under which the 8th respondent was appointed as. SEC
with effect from 11 l4/2020 as it is in contravention of the Constitutional provisions in
particutar Articte 243K (2) of the Constitution.
V. To issue such other suitable di rections /orders which are necessary in the
circumstances of the case.
l.A. No. 1 OF 2O2O :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P.(P|L), the High Court may be pteased to
suspend the Ordinance 5 of 2020 dt. 10/04/2020 issued by the 3rd respondent in the
name of Governor of Andhra Pradesh, pending disposat of WP(PIL) 90 of 2020, on the
fite of the High Court.
l.A. No. 2 of 2O2O
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of the petition, the High Court may be pteased to
suspend the operation of G.O.Ms No. 617 PR &. RD (E&R) department dt '10104/2020
issued by the 4th respondent, pending disposat of W.P.(PIL) 90 of 2020, on the fite of
the High Court.
l.A No. 3 of 2O2O :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(P|L), the High Court may be pleased to
suspend the operation of G.O.Ms No. 618 PR & RD (E&R) department dl 10104/2020
issued by the 4th respondent, Pending disposat of WP(PIL) 90 of 7070, on the fite of
the High Court.
LA No. 4 of 202O:-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(P|L), the High Court may be pteased to
suspend the opgration of G.O.Ms No. 619 PR &. RD (E&,R) department dt 11/04/2070
issued by the 4'" respondent, pending disposal of WP(PIL) 90 of 2020, on the fite of
the High Court.
W.P.(PlL).No. 94 of 2O2O :-
Between : -
Muthamsetty Lakshmana Siva Prasad, Son of Venkateswara Rao, aged 65years, Resides
at Ftat No.103, 1st Ftoor, Vemuta Residency, Suryarao Pet, Vijayawada, Krishna
District, AP-520 002 Aadhaar No. 465054487286 PAN No. ADQPM 2078K Phone No 0866
2437077 and 98481 28171 Emait. [email protected]
. . Petitioner.
Contd...9...
9
AND
1. The State of Andhra Pradesh, Rep. by its Chief Secretary, A.P. Secretariat,
Vetagapudi, Amaravati, Guntur District, AP Emait ld- [email protected]
2. The Government of Andhra Pradesh, Panchayat Raj and Rurat (E & R)
Devetopment Department, Rep., by its Principat Secretary, AP Secretariat,
Vetagapudi, Guntur District, Andhra Pradesh Emait ld- [email protected]
3. The Government of Andhra Pradesh, Legat and Legistature affairs and Justice
Department, Rep., by its Secretary, AP Secretariat, Vetagapudi, Guntur
District, Andhra Pradesh Email id- mtjoffice@gov. in
4. The A.P. State Etection Commission,, Rep. by its Secretary, 1st Ftoor, New
HODs Buitding, Opp. lndira Gandhi Municipal Stadium, M.G. Road, Vijayawada-
520 010 Emait id- secv. [email protected]
5. Dr. N. Ramesh Kumar, Ex-Chief Election Commissioner Ptot No.59, Road No.72,
Street No.3 Prashashan Nagar, Jubilee Hitts Hyderabad, Tetangana.
6. Shri V. Kanaga Raj, State Election Commissioner 1st ftoor, New HOD Buitdings
MG Road, Vijayawada - 520010 Krishna District, Andhra Pradesh Emait id-
secy.apsec@gmai [.com.
. . Respondents.
Petition under Article 226 of the Constitution of lndia, praying that in the
circumstances stated in the affidavit filed therein, the High Court may be pteased to
issue a Writ, Order or Direction more particutarty one in the nature of Writ of
Mandamus, or any other appropriate writ, by granting the fottowing retiefs (i). to
declare the Ordinance No.5 of 2020 dated 101412020, AP Panchayat Raj (Sataries and
Altowances, Conditions of service and tenure of State Etection Commissioner) Rutes,
2020, issued by the 3rd Respondent and the consequentiat G.O.Ms.No.617 of
Panchayat Raj and Rura[ Development(EandR) Department, Government of AP, dated
10-04-2020, G.O.Ms.No.618 of Panchayat Raj and RuraI Development(EandR)
Department, Government of AP, dated 10-04-7070, and G.O.Ms.No.619 of Panchayat
Raj and Rural Devetopment(EandR) Department, Government of AP, dated 11-04-2020
issued by the 2nd Respondent as arbitrary, itlegat, uttra vires, and U nconstitutional
l.A No. 3 of 2O2O:-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(P|L), the High Court may be pteased to
suspend the operation of operation of ordinance No.5 of 2020, dated 10104/2020
issued by the 3'd Respondent in the name of Governor of Andhra Pradesh, dated
1114/2020 issued by the 3'd Respondent pending disposat of W.P.(PlL) 94 of 2020, on
the fite of the High Court.
l.A. No. O1 of 2O2O t-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(P|L), the High Court may be pleased to
suspend the operation of G.O.Ms.No.618 PR and RD (E ft R) Department dated
1014/2020 issued by the 2nd Respondent pending disposaI of W.P.(PlL) 94 of 2020, on
the fite of the High Court.
l.A. No. 2 of 2O2O :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(PlL)., the High Court may be pleased to
suspend the operation of G.O.Ms.No.617 PR and RD (E & R) Department dated
10l4l2O2O issued by the 2nd Respondent pending disposat of W.P.(PlL) 94 of 7020, on
the fite of the High Court.
Contd...10...
10
l.A No. 4 of 2OZO:'
Petition under Section 151 CPC praying t hat in the circumstances stated
in the affidavit fited in support of w.P., the High court may be pleased to suspend the
oDeration of G.O.Ms.No.6'17 PR and RD (EandR) Department dated 1014/2020 issued
by the 2nd Respondent pending disposat of W.P.(PlL) 94 of 2020, on the fite of the
High Court.
W.P.(P|L).No. 95 of 2O2O:.-
Between:-
Dr. Maddipati Saitaja, W/o. Late M.Lakshmi Narayana Choudary, Aged about 43 years,
Occ. Doctor, R/o. boor'No. 18-53, Samsons Aruna Apartments, 1't lane Vidya Nagar,
Guntur,522007.
. Pet'itioner.
AND
1. The State of Andhra Pradesh, Rep. by its Chief Secretary, A.P' Secretariat,
Vetagapudi, Emait ld- [email protected] Amaravati, Guntur District., Andhra
Pradesh.
2. The Etection Commission of lndia, Nirvachan Sadan, Ashoka Road, New Dethi,
Rep. by its Chief Election Commissioner, EmaiI id-goMaswamin@eci. gov.in
3. The Secretary to Government, Legal and Legislative Affairs and Justice, Law
Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District., Andhra
Pradesh., EmaiI id- m [j officeftgov. in
4. The Principal Secretary to Government,, Panchayat Raj and Rural Devetopment
department, A. P. Secretariat, Vetagapudi, Amaravati, Guntur District, Andhra
Pradesh, Emait ld- prlsecy [email protected]
5. The Princ'ipal Secretary to Government,, Municipal Administration and Urban
DeveLopment Department, A. P. Secretariat, Ve[agapudi, Amaravati, Guntur
District, Andhra Pradesh, Emait ld- prlsecy [email protected]
6. The Andhra Pradesh State Etection Commission, 1't Ftoor, New HOD Buildings,
MG Road, Vijayawada - 520010, Krishna District, Andhra Pradesh, Email id-secy.
apsec@gmait, corn
7. Dr. N, Ramesh Kumar, Ex-Chief Etection Commissioner, Ptot o.59, Road No.72,
Street No.3, Prashashan Nagar, jubitee Hitts, Hyderabad, Tetangana.
8. Honorabte Shri justice V. Kanaga Raj, Chief Etection Commissioner, 1't Ftoor,
New HOD Buitdings, MG Road, Vijayawada - 520010, Krishna District, Andhra
Pradesh, EmaiI id- secy.apsec@gmait com
9. The Councit of Ministers, A.P. Secretariat, Ve[agapudi, Amaravati, Guntur
District, Andhra Pradesh, Rep. by its Cabinet Secretary/'Chief Secretary.
(Added the words Cabinet Secretariat / Chief Secretary vide Court order
Dated 29-04-2020 passed in l.A.No. 7 of 2020 in WP (PlL).No. 95 of 2020.)
.. Respondents.
Petition under Articte 226 of the Constitution of lndia, praying that in the
circumstances stated in the affidavit fited therein, the High Court may be pteased to
direct to declare Ordinance No. 5 of 2020 Dt.10- 04-2020, as nu[[ and void or in the
alternat'ive to dectare that the same is prospective. B)To declare AP Panchayat Raj
(Sa[aries and Attowances, Conditions of Service, Tenure of State Election
Commissioner) Rules, 2020 issued wide G.0 Ms. No. 617 PR and RD (E and R) (E & R)
Department dated 1014/7020 as void and non-est. in law or in the atternative to
declare the same is Prospective. C)to dectare G.0 Ms. No. 6'18, PRand RD (E and R)
Department dated 10/4/2020 as void and non-est. in [aw, where under it was stated
that the 7th respondent ceases to hotd office of State Etection Commissioner on and
with effect from 10/4/2020. D)To declare G.0 Ms. No. 619 PR and RD (E and R)
Department dated 1'l l4/2070 as void and non-est. in Law, under which the 8th
respondent was appointed as SEC with effect from 11 /412020 as it is in contravention
of the Constitutional provisions in particutar Articte 243K (Z) of the Constitution. E)To
issue such other suitabte directions/ orders which are necessary in the circumstances
of the case
Contd...1 1...
11
l.A No. 1 of 2020 z-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(PlL), the High Court may be pteased suspend
the operatron of G.0 Ms. No. 618 PR&RD (E&R) Department dated 10/4/2020 issued by
the 4th respondent, pending disposal of W.P.(PlL) 95 of 2020, on the file of the High
Court.
l.A. No. 2 ot 2O2O :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(PlL), the High Court may be pteased suspend
the operation of G.0 Ms. No. 617 PR&RD (E&R) Department dated 10/4/2020 issued by
the 4th respondent, Pending disposal of W.P.(PlL) 95 of 2020, on the file of the High
Court.
l.A No. 3 of 2020 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of W.P.(PlL), the High Court may be pteased to
suspend the operation of Ordinance 5 of 2O2O dated 101412020 issued by the 3'd
respondent in the name of Governor of Andhra Pradesh, pending disposal of WP(PIL)
95 of 2020, on the fite of the High Court.
l.A. No. 4 of 2020 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P., the High Court may be pteased to suspend the
operation of Ordinance 5 of 2020 dated 10-04-2020 issued by A.P. Panchayat Raj
(Sataries and Altowances, Condition service, Tenure of State Election Commissioner)
Rules, 2020 issued wide G.0 Ms. No. 617 PR and RD (E and R) Department dated
1014/702.0 as void and non-est. in law or in the alternative to dectare the same is
prospective, pending disposal of WP(PIL) 95 of 2020, on the fite of the High Court.
W.P.(PlL).NO. 97 of 2020 :-
Between:-
K. Jithendra Babu, S/o. K. Sreeramachandra Murthy, aged about 56 years,
Occ : Advocate, R/o. 2-126, Munagala Post and Mandat, 5uryapet (former Natgonda
District) District, Telengana State, Office at Ftat No. 2A, 2"' Floor, Nirmata residency,
Bharati Nagar Road, Novotel Lane, Vijayawada - 520007, Andhra Pradesh, Aadhar No.
8616 3398 7467 PAN No. DBX PK 3376N, Tet. No.984888260.
.. Petitioner.
AND
1. Union of lndia, Law and legistative Affairs, New DeIhi, rep. by its Principal
Secretary.
2. The State of Andhra Pradesh, Law and LegiStative Affairs and Justice
Department, Vetagapudi, Amaravati, Guntur District, rep. by Principal
secretary.
3. The State of Andhra Pradesh, Panchayatraj and Rural Devetopment (E and R)
Department, Ve[agapudi, Amaravati, Guntur District, rep. by Principal
Secretary
4. The Andhra Pradesh State Election Commission, First Floor, New HOD Buitding,
M.G. Road, Vijayawada - 520 010
5. Dr. N. Ramesh Kumar, Former A.P. State Election Commissioner, Ptot no. 59,
Road No. 72, Street No. 3, Prasasan Nagar, Jubitee Hilts, Hyderabad.
6. Honourable Justice (Retd. V.Kanagaraj, State Election Commissioner, First
Ftoor, New HOD buitding, M.G. Road, Vijayawada -520 010
. , Respondents.
Contd...'12...
1.2
Petition under Articte 226 of lhe constitution of lndia, praying that in the
circumstances stated in the affidavit fited therein, the High court may be pleased to
issue a writ of Mandamus or any other appropriate writ, order or direction, declaring
the Andhra Pradesh ordinance no. 5 of 2020 dated 10-04-2020, Andhra Pradesh
panchayat Raj (sataries and altowances, conditions of service and tenure of state
election commissioner) rutes, 2020 notified in GO Ms. No' 617 Panchayat Raj and
Rurat Devetopment (E and R) department dated 10-04-2020, G.O.Ms. No. 618
Panchayat Raj and Rural Development (E and R) department dated 10-04-2020 and
Go.Ms. No. 619 Panchayat Raj and Rural Development (E and R) department dated 11-
04-2020 as arbitrary, u nconstitutionat, malafide, vindictive and violative artictes l4
and 243K of the constitution of lndia, and consequentty restore the 5th respondent as
State Etection Commissioner for the rest of his term in the interest of justice.
l.A No. 1 of 2020 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(PlL), the High Court may be pleased to direct
the respondents 4 and 6 not to take any decision or action in the matter of ongoing
etections to MPTCs, ZPTCs, and Nagar Panchayats in the state of Andhra Pradesh
pending disposal of W.P.(PlL) 97 oI 2020, on the file of the High Court.
W.P.(PlL).No. 98 of 2020 :-
Between : -
1. D. Kiran, S/o. Vasantha Rao, aged about 28 years, R/o.H.No.1 1148, Devagudi
vittage and post, Jammalamadugu Mandat, YSR Kadapa District, Mobite No.
8179101213, Aadhar Card No. 642595185324
2. M. Vinay Kumar Reddy, 5/o. M, Veera Reddy, aged about 33 years, R/o. Putla
Reddy Peta (V), Thappatta, Vatturu (M), YSR Kadapa District, Mobite No.
9603333983, Aadhar Card No. 411222173714.
. . Petitioners.
AND
1. The State of Andhra Pradesh, Rep. by its Chief Secretary, A.P. Secretariat,
Vetagapudi, Amaraati, Guntur District.
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj
and Rural Devetopment Department, A.P. Secretariat, Vetagapudi, Amaravati,
Guntur District.
3. The State of Andhra Pradesh, Rep. by its Principal Secretary, Law Department,
A.P. Secretariat, Vetagapudi, Amaravati, Guntur District.
.. Respondents.
Petition under Article 226 of the Constitution of lndia, praying that in the
circumstances stated in the affidavit filed therein, the High Court may be pteased to
issue a writ order or djrection more particularty one in the nature of a writ of
mandamus, dectaring rute (5) of Andhra Pradesh Panchayat Raj (sataries and
atlowances, conditions of service of tenure of State Etection Commissioner) Rutes
2020, issued vide G.O.Ms. No.617, dated 10-04-2020 by Panchayat Raj and Rural
Devetopment department as unconstitutiona[, arbitrary, ittegaL and violation of Artic[e
14, contrary to articte 243K(2\ of the Constitution of lndia and set aside the same and
consequently suspend the operation of rule 5 of G.O.Ms. No. 6'17 dated 10-04-2020
issued by panchayat raj and rural devetopment department.
l.A No. 'l of 2020 :-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(PIL), the High Court may be pleased to
suspend the operation of Rute 5 of the G.O.Ms.No. 617, dt. 10.04.2020 issued by
Panchayat Raj and Rural Devetopment Department, pending disposat of W.p.(plL) 98
of 7020, on the file of the High Court.
Contd...13....
l3
W.P.(PlL).No.99 of 2O2O t-
Between:-
Shaik Mastan Vati, S/o. Shaik Kasim, Occ : Politician (Pubtic Service), R/o. # 18-18-70,
Barayimampanja, Mupthi Veedhi, Guntur, Guntur District.
.. Petitioner.
AND
1. The State of A.P., Rep. by its Principal Secretary, Panchayat Raj and Rural
Deve[opment Department Address Secretariat Buitdings, Vetagapudi, Guntur
District
2. The Commissioner, Panchayat Raj and Rural Devetopment, Government of A.P
G untur
3. The Secretary, State Election Commission, Government of A.P. Vijayawada
4. Honbte Shri Justice V. Kanaga Raj (Retired), Presently Working as Chief
Etection Commissioner 1't Ftoor, New HOD Buitding, M.G. Road, Vijayawada,
Krishna District, Andhra Pradesh State.
5. N. Ramesh Kumar, Ex. Chief Election Commissioner, Ptot No.59, Road No.72,
Street No.3, Prashashan Nagar, Jubitee Hitls, Hyderabad, Tetangana State.
.. Respondents.
Petition under Articte 226 of the Constitution of lndia, praying that in the
circumstances stated in the affidavit fited therein, the High Court may be pleased to
issue a Writ Order or Direction, more particutarty one in the nature of Writ of
Mandamus, dectaring the action of the respondent No.'l in issuing the impugned
G.O.Ms.No.617 dated 10.04.2020 and G.O.Ms.No.618 dated 10.04.2020 restraining the
respondent No.5 in hotding the post as Chief Election Commissioner of Andhra Pradesh
State and G.O.Ms.No.619 dated 11 .04.2020 in appointing the respondent No.4 as Chief
Election Commissioner of Andhra Pradesh State as highty itlegat, arbitrary, unjust,
improper, contrary to law and A.P. Panchayat Raj Rutes and atso in viotation of Articte
14, 19 and 243 K (2) of Constitution of lndia and consequently set-aside the impugned
G.O.Ms.No.617 dated 10.04.2020 and G.O.Ms.No.618 dated 10.04.2020 and
G.0.Ms.No.619 dated 11.04.2020 by directing the respondent No.1 to 3 to continue
the services of the respondent No.5 as Chief ELection Commissioner of Andhra Pradesh
State to tilt completion of his tenure i.e. up to 31 .03.2021 ,
l.A. No. 1 of 2020:.-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(PIL), the High Court may be pteased to
suspend G.O.Ms.No.618 dated 10.04.2020 issued by the respondent No.1 by directing
the respondent No.l to 3 to continue the services of the respondent No.5 as Chief
Election Commissioner of Andhra Pradesh State forthwith pending disposat of
W.P.(PlL).No. 99 of 2020, on the fi[e of the High Court.
l.A. No. 2of 2O2O
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(P|L), the High Court may be pteased to
suspend G.O.Ms.No.619 dated 11.04.2020 issued by the respondent No.1 pending
disposal of the Writ Petition lPlL), Pending disposat of WP(PIL) 99 of 2020, on the fite
of the High Court.
l.A No. 3 of 2O2O t-
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit fited in support of W.P.(PlL), the High Court may be pteased to direct
the respondent No.1 to 3 to continue the services of the respondent No.5 as Chief
Election Commissioner of Andhra Pradesh State forthwith by suspending the impugned
G.O.Ms.No.617 dated 10.04.2020 pending disposal of WP(PIL) 99 of 2020, on the fite of
the High Court.
Contd...14...
1.1
These petitions coming on for hearing and upon perusing the Petition and the
affidavit fited in support theieof and upon hearing the arguments of and of the Sri
Vedu[a Venkata Ramana, Sri D.V. Sitarama Murty, Sri A. Satya Prasad, Sri S'
Satyanarayana Prasad, Sri c.V. Mohan Reddy, sri B. Adinarayaa Rao, sri P. veera
Reday and Sri Dammatapati Srinivas, Senior counsel for Sri N. Ashwani Kumar, Sri
srinivasa Rao Narra, Sri Ginjupatti subba Rao, smt s. Pranathi, sri Balaji Medamatli,
Sri Ravi Shankar Jandhyata, Thandava Yogesh (Party-in-person), Sri
Vetagapudi V.N. Rao, Sri T. Sreedhar, Sri D.S.N.V. Prasad Babu, Sri B. Natin Kumar,
Sri B-. BaLanaga Srinivas, Smt Sodum Anvesha, Sri V.V. Prabhakar Rao, Sri S. Vivek
Chandrasekhar, Sri Avinash Desai and Sri Y. Nagi Reddy and of Sri Josyuta Bhaskara
Rao, Counsel for the Centrat Government in atl petitions, the Court made the
fottowing
ORDER:-
"Atl these matters are listed today for further hearing through video conference, in continuation from yesterday.
During the course of hearing through video conference, it is noticed that about 67 persons have joined the video conference, by sharing the screen, due to which there was congestion and severe disturbance has been caused to the hearing by them.
As the lD and password of the video conference are provided only to the Advocates connected with the present batch of cases, we have requested them not to share the lD and password with the unconnected persons, who are sharing the screen, causing disturbance to the hearing. Though we have dropped the unconnected persons and also requested the Advocates in the present batch of cases to take note of this unwarranted situation that the unconnected persons are sti[[ continuing to join the video conference by sharing the screen, even after dropping them repeatedty, the same situation continued.
It is to observe that when the lD and password of a video conference for hearing of the cases listed on a particutar day is provided to the concerned advocates by the Registry in the morning hours of the particular day, sharing the details of lD and password to unrelated persons by the advocates is wholly unwarranted, lt is expected that from now onwards, the details of lD and Password of video conference shall not be shared by the Advocates to any persons unconnected with the cases in which hearing would be taken up on the particular day and if any unrelated persons join the conference, the Advocates concerned may be responsible for the same.
ln view of the disturbance caused to the hearing of these cases through video conference, learned senior counsel, Mr. A. Satya Prasad, Mr. Vedula Venkata Ramana and Mr. S.Satyanarayana Prasad, made a request that looking to the importance and urgency involved in these cases, in which the Ordinance promulgated by the Governor amending the Andhra Pradesh Panchayat Rat Act, 1994, and the consequentiaI G,Os. are challenged, physicaI hearing by maintaining social distance, may be directed.
We find substance in their request.
During deliberations, it is found that all senior counsel and instructing counsel in the present cases are either stationed at Vijayawada or at Hyderabad and may participate in Court hearing. As there may be difficutty for the Advocates stationed at Hyderabad to cross the State Border in view of the restrictions during lockdown, however, on our request, the Advocate General has assured that as per the directions of the Court, necessary arrangement to permit the Advocates concerned to cross the State border shalI be made.
Contd. .1 5...
l5 Considering the aforesaid, we are inclined to take up physica l/personal hearing of these cases in open Court, maintaining social distancing.
Sri D.V,Sitarama Murthy, learned senior counsel appearing on behalf of the petitioner in W.P.No.8163 of 2020, insisted for grant of interim relief on the ground that the new incumbent has joined and he intends to proceed with the election process.
Despite such insistence, we are not inclined to pass any interim orders at this stage. As noted above, physical hearing of the cases is directed and it is also to be noticed that the etections of the local bodies were already initiated but the election process has been suspended on account of COVID-19 pandemic. Therefore, in the opinion of this Court, hearing of these cases cannot be kept pending for a long time.
Let the cases be listed on O4.O5.2O2O for physical/persona I hearing in open Court, maintaining social distancing.
The following are the advocates appearing in these cases:
lnstructing Counsel appearing on behalf of the petitioners/respondents: S/Sri N.Ashwani Kumar, Srinivasa Rao Narra, Ginjupatli Subba Rao, S. Pranathi, Balaji Medamalti, Ravi Shankar Jandhyala, Thandava Yogesh (Party-in-person), Velagapudi V. N. Rao, T. Sreedhar, D.5.N.V.Prasad Babu, B. Nalin Kumar, M. Balanaga Srinivas, Sodum Anvesha, V.V. Prabhakar Rao, S. Vivek Chandrasekhar, Avinash Desai and Y. Nagi Reddy.
Senior Counsel: S/Sri Veduta Venkata Ramana, D.V.Sitarama Murthy, A.Satya Prasad, S.Satyanarayana Prasad, C.V, Mohan Reddy, B. Adinarayana Rao, P. Veera Reddy and Dammalapati Srinivas.
Advocate General for the State.
Sri Josyula Bhaskara Rao, counsel for the Central Government.
It is made clear that on 04.05.2020, only the abovementioned advocates along with the respective senior counsel and the Advocate Genera[ are permitted to appear for personal hearing and except them, no other advocate or party is permitted to enter into the Court to attend the hearing of cases. lf personal appearance of any other party or advocate in these cases is necessary, it may be permitted onty by the Registrar General.
So far as the Advocates coming from Hyderabad are concerned, it is directed that permission to cross the State border may be accorded by both the Governments on being apprised by the Advocate Genera[.
With the aforesaid observations, hearing of these cases is adjourned to 04.05.2020.
ln W.P.(PlL).No.95 of 2020, an application, vide l.A.No.7 of 2020, has been moved for amendment of the cause title insofar as respondent No.9 is concerned and to make necessary amendment in the pleadings.
Considering the reasons stated, we a[low this application.
Let notice be served on the Cabinet Secretary, CounciI of Ministers, A.P., through Law Secretary, on e-mai[, along with copies of the petition and documents, Contd....16...
l6 l.A.No.6 of 2O2O has atso been filed in W.P.(PlL).No.95 of "2020 to receive the paper clippings and video ctippings which are sent to the Registrar (Judiciat) on e-mai[, The said clippings are made available in a pen drive with the Registrar (Judiciat). The said ctippings, which contain the statements of various potitical persons for removal of the State Election Commissioner, are in Telugu language' Therefore, the Registrar (Judicial) shall translate them into English and the translated version be made part of the record on his attestation. The e-mails received by the Registrar (Judicial) regarding press statements along with the l.A. be transmitted to the Advocate General by him during the course of the day, thereby the Advocate General may submit his response at the time of hearing of l.A.No.6 of 2020 in W.P.(PlL).No.95 of 2020.
List the cases for hearing, as directed, on 04.05.2020 along with l.A.No,6 of 2020 in W.P.(PlL).No.95 of 2020.
Copy of this order be sent to the Advocate General for communication. "
,,/, sD/_ l(. tA.fA RAo AssrsTANTRe-Ciirnan //TRUE COPY/I for ASSISTAN RAR To
1.The Cabinet Secretary/Chief Secretary, Council of Ministers, A.P. Secretariat, Velagapudi, Amaravati, Guntur District, Andhra Pradesh.
2.The Principal Secretary, Department of Panchayat Raj, State of Andhra Pradesh, A.P. Secretariat, Vetagapudi, Amaravathi-522503.
3.The Principal Secretary, Department of Law, State of Andhra Pradesh, A.P. Secretariat, Vetagapudi, Amaravathi -572503, Guntur District.
4. Shri Justice V. Kanaga Raj, State Etection Commissioner 1st floor, New HOD Buitdings MG Road, Vijayawada - 520010 Krishna District, Andhra Pradesh, Emait id- [email protected].
5.Sri Dr. N. Ramesh Kumar, lAS, S/o. Late Ravindranth Chowdary, Aged about 64, years, Occ : Government Service, R/o. Ptot No. 59, Street No.3, Prasasan Nagar, Jubiti Hi[[s, Hyderabad.
6.The Etection Commissioner, The Election Commission of lndia, Nirvachan Sadan, Asokha Road, New Dethi
7.The Principal Secretary to Government, Panchayat Raj and Rural Devetopment, A.P. Secretariat, Ve[agapudi, Amaravati, Guntur District, Andhra Pradesh
8.The Principal Secretary to Government, Municipal Administration and Urban Devetopment, A. P. Secretariat, Vetagapudi, Amaravati, Guntur District, Andhra Pradesh.
9.The Principal Secretary, Union of lndia, Law and legislative Affairs, New Delhi.
10.Sri Justice V. Kanagaraj, Retired High Court of Madras, No. 104, Supreme Enclave Tower-10, Mayur Vihar, Phase-1, New Delhi -'l 10091. 'I 1.Y.S. Jagan Mohan Reddy, S/o. late Y.S. Rajasekhar Reddy, R/o. Chief Minister Camp Office, Tadepatti, Guntur District.
12.The Secretary, Union of lndia, MINISTRRY OF HOME AFFAIRS, NEW DELHI. 1 3.The Secretary, OFFICE OF THE GOVERNOR OF ANDHRA PRADESH, RAJBHAVAN, VIJAYAWADA.
14.The Secretary, GENERAL ADMINISTRATIUON DEPARTMENT, STATE OF ANDHR,A PRADESH, SECRETARIAT, VELAGAPUDI, AMARAVATI, Guntur District.
(Addressee Nos. 1 to 14 by RPAD/E.lrtAlL)
15.The Registrar(Judiciat), High Court of A.P., at Amaravati.
16.Mr. 5. Vivek Chandrasekhar,'vivek07'l 1 @gmait.com', Advocate(OPUC)
17.One CC to Sri S. Satyanarayana, Senior Counset(OPUC) 'l8.One CC to Sri Thandava Yogesh, Party-in-person(OPUC) 17
19.One CC to Sri V.V. Narasimha Rao, Advocate(OPUC)
20.One CC to Sri T. Sreedhar, Advocate(OPUC) 2'l .One CC to Sri D.5.N.V. Prasad Babu, Advocate(OPUC)
22.One CC to Sri B. Nalin Kumar, Advocate(OPUC)
23.One CC to Smt Sodum Anvesha, Advocate(OPUC)
24.One CC to Sri Narra Srinivasa Rao, Advocate(OPUC)
25.One CC to Sri N. Ashwani Kumar, Advocate(OPUC) ' 26.One CC to Sri M. Batanaga Srinivas, Advocate(OPUC)
27.One CC to Sri Ginjupatti Subba Rao, Advocate(OPUC)
28.One CC to Sri Balaji Medamatli, Advocate(OPUC)
29.One CC to Sri Ravi Shankar Jandhyata, Advocate(OPUC)
30.One CC to Sri Josyuta Bhaskara Rao, Standing Counsel for Central Government, High Court of A.P., (OUT) 31 .Two CCs to the Advocate General, High Court of A. P., at Amaravati(OUT) (By Special Messenger)
32.Two spare copies.
TKK l8 HIGH COURT HCJ & MSM.J Dr.29-04-2020.
ORDER W.P.Nos. 8163, 8164,8165, 8'l 66 & 8167 of 2O2O; W.P.(PlL).No. 89, 90, 94,95,97,98,99 of 2O2O;
DIRECTION