Andhra Pradesh High Court - Amravati
Regu Maheswara Rao vs The State Of Andhra Pradesh on 8 July, 2021
Author: Battu Devanand
Bench: Battu Devanand
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE EIGHT DAY OF JULY, TWO THOUSAND AND TWENTY ONE :-PRESENT: THE HONOURABLE SRI JUSTICE BATTU DEVANAND . WRIT PETITION NO: 9560 OF 2021 Between: Regu Maheswara Rao, S/o.Late Appala Swamy, Aged 56 years, Occ. Advocate, R/o.D.No.4-65, Devara Street, SalurTown, Vizianagaram District. Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary to Hon'ble Governor, Raj Bhavan, Vijayawada, Kriskna District. : 3. The State Election Commission Rep by its Secretary, 1° Floor, New Hod's Building, Indira Gandhi Municipal Stadium, M.G.Road, Vilayawada, Andhra Pradesh-520010. 4. Nilam Swahney, IAS(Retd.), AP. State Election Commissioner, ist Floor, New Had's Building, Indira Gandhi Municipal Stadium, M.G.Road, Vijayawada, Andhra Pradesh-520010. Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a appropriate Writ Order or direction more particularly one in the nature of writ of Mandmus or an appropriate Order A. Declaring the appointment of Respondent No.4 as State Election Commissioner vide G.O.Ms.No.20 PR and RD, (E & R) Dated 28-03-2021 as unconstitutional being violative of Article 243 k (1) of the Constitution of India and contrary to the .direction of the Hon'ble Supreme Court judgment in Civil Appeal No.881 of 2024, (State of Goa & another Vs Fouziya Shaikh, and another, dated 12-3-2021. B. that this Hon'ble Court may be please to issue writ of quo-warranto against the ., Respondent No.4, requiring him to show the authority to hold the office of the State Election Comrnissioner from the date of appaintment vide G.O.Ms.No.20 PR & RD, (E & R) Dated 28-03-2021 and C. Declaring the G.O.Ms.No.20, PR & RD, (E & R)Dept. Dated 28-03-2021 : as Unconstitutional being violative of Article 243 k (1) of the Constitution of India' =nd contrary to the direction of the Hon'ble Supreme Court judgment in Civil Appeal No.881 of 2021, (State of Goa and another Vs Fouziya Shaikh, and another, dated 12-3-2024 D. Consequently Quash the appointment of the Respondent No.4 as State Election Commissioner by setting aside the G.O.Ms.No.20 PR & RD, (E & R) Dept. Dated 28-03- 2021 and E. Consequently direct the Respondent No. 1 and 2 to comply with the mandate of Article 243 k (1) of the Constitution of India and the direction of the Hon'ble Supreme Court judgment in Civil Appeal No.881 of 2021, (State of Goa & another Vs Fouziya Shaikh, and another, dated 12-3-2021 in appointment of State Election Commissioner. The petition coming on far hearing, upon perusing the petition and affidavit filed herein and Order of High Court dated 7-05-2021 made herein and upon hearing the arguments of Sri Solon Raju, Advocate representing for Sri B Sesibushan Rao, Advocate for the Petitioner, Sri C.V. Mohan Reddy, Senior Counsel representing for Gr K. Karthik Pavan Kumar for Respondent No.2, Sri C Sumon, Spl. GP representing Advocate General for Respondent No.1, and Sri Vivek Chandra Sekhar S., Standing Counsel for Respondent No.3, and Sri V.R.N. Prasanth Advocate for Respondent No.4, the Court made the following The Court made the following ORDER:
Sri Solomon Raju, learned counsel, representing Sri B. Sesibhushan Rao, learned counsel for the petitioner on record, submits that there is some personal inconvenience to the petitioner's counsel and sought time.
Sri C.V. Mohan Reddy, learned Senior Counsel appearing on behalf of Sri K, Karthik Pavan Kumar for Respondent No.2 and Sri C. Suman, jearned Special Government Pleader representing the learned Advocate General appearing for Respondent No.1, Sri Vivek Chandra Sekhar.s, learned Standing Counsel appearing for Respondent No.3 and Sri V.R.N. Prasanth, learned counsel appearing for Respondent No.4 are present.
Upon perusal of the averrnents made in the affidavit filed by the Writ Petitioner and the Counter Affidavits filed by the respondents, this Court noticed that prior to attain superannuation for the post of Chief Secretary i.e, on 31.12.2020, respondent No.4 was appointed as Chief Advisor to the Hon'ble Chief Minister on 22.12.2020. Respondent No.4 tendered her resignation to the post of Chief Advisor on 27.03.2021. The Hon'ble Chief Minister sent note to his Excellency, the Hon'ble Governor on 24.03.2021 with three officer names for consideration to the post of C.E.C., including respondent No.4, which is prior to tendering resignation by respondent No.4 to the post of Chief Advisor. Respondent No.4 was appointed as C.E.C on 28.03.2021. | In the considered view of this Court, for proper adjudication of the matter, this Court intends to look into the procedure provided for appointment of the Chief Acvisoars and Advisors to the Hon'ble Chief "inister/Government, the nature of duties to be discharged by them, and relevant rules regulating their functions.
Lado Learned Advocate General, who is appearing for Respondent No.1, 13s directed to submit the said information by way of Additional Affidavit of the concerned Officer of the State Government before this Court by the next date of hearing.
Post on 19-07-2021. Sd/- M. SRINIVAS ASSISATNT REGISTRAR JITRUE COPY! con SECTION OFFICER To,
4. One CG to Sri. B Sesibushan Rao Advocate [OPUC]
2. Two CCs to Advocate General, High Court of A.P., at Amaravati (By Spl Messenger) Two CCs to Sri C.Sumion, Government Pleader, High Court of AP., at Amaravati (OUT) One CC to Sri Vivek Chandra Sekhar S., Standing Counsel (OPUC) One CC to Sri K. Karthik Pavan Kumar, Advocate (OPUC) One CC to Sri V_R.N. Prasanth, Advocate (OPUC) Two CCs to GP for Panchayat Raj, High Court of A.P.,at Amaravati (OUT) Two CCs to GP for General Administration, High Court of A-P., at Amaravati _ (OUT) FO One spare copy ~ oo Orn 6 Skm HIGH COURT DEV, DATED: 08-07-2021 NOTE: POST ON 19-07-2021 DIRECTION WP.No.9560 of 2021 DIRECTION