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2025 DAILYLAW 15887 (AP)

Penchi Reddy Appla Naidu v. The State Election Commission

WP/13460/2020 · 2025-09-11

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010205722020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13460/2020 Between: 1. PENCHI REDDY APPLA NAIDU, S/O LATE SURYANARAYANA, AGE 43 YEAR OCC AGRICULTURE/EX SARPANCH, R/O DNO 155/A, PANCHI REDDY VEEDHI, PATRUNIVALASA VILLAGE AND GRAM PANCHAYAT, SRIKAKULAM RURAL MANDAL AND DISTRICT. 2. SMT MUDDADA SUMATHI, W/O LAKSHMI NARAYANA, AGE 54 YEAR OCC HOUSE WIFE/EX SARPANCH, R/O KAZIPETA VILLAGE AND GRAM PANCHAYAT, SRIKAKULAM RURAL MANDAL AND DISTRICT. 3. REDDY RAMANA MURTHY,, S/O LATE SANYASI RAO, AGE 53 YEAR R/O KILLIPALEM VILLAGE AND GRAM PANCHAYAT, SRIKAKULAM RURAL MANDAL AND DISTRICT. 4. SMT DIVVALA RAMANAMMA,, W/O RAMA RAO, AGE 53 YEAR OCC SOCIAL WORKER, R/O CHAPURAM VILLAGE AND GRAM PANCHAYAT, SRIKAKULAM RURAL MANDAL AND DISTRICT. 5. KALAGA SIVAKUMAR,, S/O LATE APPANNA, AGE 62 YEAR,OCC CULTIVATION, R/O PEDDA PADU VILLAGE, SRIKAKULAM RURAL MANDAL AND DISTRICT. 6. BOMMALI GIRI BABU,, S/O LATE BHEEMUDU AGE 42 YEAR OCC CULTIVATION , R/O THOTAPALEM VILLAGE AND GRAM PANCHAYAT, ETCHERLA MANDAL AND DISTRICT. 7. CHIGURUPALLI SANYASI RAO,, S/O LATE KRISHNA MURTHY, AGE 71 YEAR OCC CULTIVATION, KUSLAPURAM VILLAGE, ETCHERLA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER(S) AND 1. THE STATE ELECTION COMMISSION, , REPRESENTED BY ITS SECRETARY, 1ST FLOOR, NEW HODS BUILDING, OPP INDIRA GANDHI MUNICIPAL STADIUM, M.G.ROAD, VIJAYAWADA-520010. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE ELECTION AUTHORITY AND COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, AMRAVATI, GUNTUR DISTRICT. 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 5. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 6. THE REVENUE DIVISIONAL OFFICER AND DEPUTY DISTRICT ELECTION AUTHORITY, SRIKAKULAM DIVISION, SRIKAKULAM DISTRICT. 7. THE DISTRICT PANCHAYAT OFFICER, SRIKAKULAM DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, SRIKAKULAM, SRIKAKULAM DISTRICT. ...RESPONDENT(S): 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 topleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT of MANDAMUS declaring the impugned communication of the 3rd Respondent for not holding/ conducting local body elections to the petitioners seven villages vide Lr Roc No 3092675/2019-D dated 3.3.2020 as illegal and thereby 1st respondent with holding the election process of ZPTC/ MPTC/ Gram Sarpanch to the petitioners villages i.e Patrunivalasa, Kazipeta, Killipalem, Chapuram, Pedapadu Villages of Srikakualam Rural Mandal and Thotapalem, Kusalapuram Villages of Etcherla Mandal in Srikakulam District in ongoing Election Schedule as illegal, Arbitrary and unconstitutional violatives of Articles 243 E, K of Constitution of India and AP Panchayat Raj Act and consequently set aside the above impugned communication and further direct the 1st Respondent to conduct the local body elections to the Petitioners villages i.e Patrunivalasa, Kazipeta, Killipalem, Chapuram, Pedapadu Villages of Srikakualam Rural Mandal and Thotapalem, Kusalapuram Villages of Etcherla Mandal in Srikakulam District as per ongoing Elections Schedule and pass IA NO: 1 OF 2020 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 pleased to direct the 1st Respondent to take immediate steps to conduct the elections of local bodies i.e ZPTC/MPTC/Gram Sarpanch to the Petitioners Seven Gram Panchayats i.e Patrunivalasa, Kazipeta, Killipalem, Chapuram, Pedapadu Villages of Srikakualam Rural Mandal & Thotapalem, Kusalapuram Villages of Etcherla Mandal in Srikakulam District, pending disposal of the main writ petition and to pass Counsel for the Petitioner(S): 1. S SRINIVASA RAO Counsel for the Respondent(S): 1. SC FOR STATE ELECT COMM V VPRABHAKAR RAO 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITON NO.13460 OF 2020 ORDER: Heard learned counsel for the petitioner(s) and learned counsel for the respondents. 2. When the matter is taken up for hearing, learned counsel for the petitioner(s) submits that the cause in the present writ petition does not survive for further adjudication and the matter becomes infructuous. 3. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. __________________________________ VENKATESWARLU NIMMAGADDA, J 12.09.2025 BSP 137 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.13460 of 2020 12.09.2025 BSP