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State Election Commission, Rep. By Its ... vs Malladi Rajendra Prasad And Ors. on 23 June, 2006

5. Shri A.K. Kishore Reddy relied on the judgment of Division Bench of this Court in S. Jyothi v. Presiding Officer/Election Officer, Thottambedu Mandal, Chittoor District and argued that in view of the ratio of that decision, the writ petition filed by his client questioning the rejection of his nomination paper is maintainable and the learned Single Judge did not commit any error by directing the concerned authorities to entertain his nomination paper. Shri Reddy submitted that the petitioner cannot question the result of election on the ground of wrongful rejection of his nomination paper by filing petition under Section 233 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act') read with Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (for short 'the Rules') and, therefore, the writ petition filed by him has been rightly entertained.
Andhra HC (Pre-Telangana) Cites 34 - Cited by 1 - G S Singhvi - Full Document

State Election Commission vs Malladi Rajendra Prasad And Ors. on 23 June, 2006

5. Shri A.K. Kishore Reddy relied on the judgment of Division Bench of this Court in S. Jyothi v. Presiding Officer/Election Officer, Thottambedu Mandal, Chittoor District and argued that in view of the ratio of that decision, the writ petition filed by his client questioning the rejection of his nomination paper is maintainable and the learned Single Judge did not commit any error by directing the concerned authorities to entertain his nomination paper. Shri Reddy submitted that the petitioner cannot question the result of election on the ground of wrongful rejection of his nomination paper by filing petition under Section 233 of the Andhra Pradesh Panchayat Raj Act, 1994 (for short 'the Act') read with Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Parishads and Zilla Parishads) Rules, 1995 (for short 'the Rules') and, therefore, the writ petition filed by him has been rightly entertained.
Andhra HC (Pre-Telangana) Cites 36 - Cited by 0 - G S Singhvi - Full Document

Thota Venkiateswara Rao vs The State Election Commission, Rep., By ... on 11 December, 2014

Mr. Ravi, learned Senior counsel appearing for the appellants, submits that his clients took up the fundamental point before the Presiding Officer that the political party to which his clients belong, is not a recognized political party, so the mischief of the whip does not apply under the law. On this legal concept two Division Benches of this Court in two cases in S. Jyothi and others vs. Presiding Officer/Election Officer, Thottambedu Mandal, Chittoor District and others and Singam Satyanarayana and others vs. Election Officer and Deputy Chief Executive Officer, Zilla Parishad, Ranga Reddy District and others consistently accepted the aforesaid legal position. He drew our attention to the order impugned before the learned Single Judge and contends that the Presiding Officer has not decided the aforesaid fundamental issue though urged. We find that the officer concerned has recorded the contention of the appellants. According to him, it is a rare case where an alternative remedy will not be available at all, since no decision is rendered, it is absolutely failure of exercise of jurisdiction of power by the Presiding Officer.
Andhra HC (Pre-Telangana) Cites 3 - Cited by 0 - P V Kumar - Full Document
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