IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24344 OF 2016 Between: Eduru Supriya, W/o. Eduru Ram Mohan Reddy, Aged about 56 years, Occ; Sarpanch, R/o. Muthukuru Village and Mandal, SPSR Nellore District : - ...Petitioner AND 1. State of Andhra Pradesh, Panc^hayat Raj Department, Secretariat, Hyderabad. Rep. by its prinbipaj Secretary. 2. The District Collector and District Election Authority, SPSR Nellore District at Nellore. 3. The District Pancyahat Officer, SPSR Nellore District. 4. The Mandalaparishad Development Officer, Mandala Praja Parishad, Muthukuru, SPSR Nellore District. 5. The Tahsildar, Muthukur Gram Panchayat, Muthukur Mandal, SPSR Nellore District. 6. Vedicherla Srikanth, S/o. Vedicherla Narayana R/o. Chalivendra Village, Muthukur Mandal, SPSR Nellore District. 7. The State Election Commission, Andhra Pradesh, Vijayawada. R7 is impleaded as per the Prcjer of this Court, dt.31.08.2023, vide order passed in I.A.No.1 df 20^. . ...Respondents Petition under Article 226; of the Constitution of India praying that in the circumstances stated in the afffdavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or declaring the proceedings of the 2 nd respondent issued in pe^p.^12/2-14-A6, dt.18.4.2016 as illegal, arbitrary and is in violation of ' S ■ cf prirrPiples of natural justice. I.A. NO: 1 OF 2016fWPMP. NO: 30007 OF 2016) Petition under Section 151 CPC praying that in the circumstances ^tated in the affidavit filed in support of-the petition, the High Court may be pleased to stay all further proceedings pursuant to the proceedings of the 2"^^ respondent issued in Roc.No.812/2-14-A6, dt.18.4.2016, pending disposal of the W.P. I.A. NO: 1 OF 2017(WVMP. NO: 469 OF 20171 Between; 1. State of Andhra Pradesh, Papphayat Raj Department, Secretariat, Hyderabad. Rep. by its Pfincipal Secretary. 2. The District Collector and District Election Authority, SPSR Nellore I District at Nellore. « , 3. The District Pancyahat Officer, SPSR Nellore District. ...Petitioners/Respondents AND 1. Eduru Supriya, W/o. Eduru Ram Mohan Reddy, Aged about 56 years, Occ: Sarpanch, R/o. Muthuku'ru Village and Mandal, SPSR Nellore District l ...Respondent/Petitioner 2. The Mandalaparishad Development Officer, Mandala Praja Parishad Muthukuru, SPSR Nellore Drstrict. 3. The Tahsildar, Muthukur Gram Panchayat, Muthukur Mandal, SPSR Nellore District. \ ; 4. Vedicherla Srikanth, S/o. Vedicherla Narayana R/o. Chalivendra Village Muthukur Mandal, SPSR Nellore District. ...Respondents/Respondents 7 / % / (R2 to R4 is not necessary parties in this writ petition) 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 vacate the interim orders dt 25.07.2016 passed in WPMP. No. 30007/2016 in W.P. No. 24344/2016 and dismiss the writ petition in the interest of justice. / Counsel for the Petitioner: SRI C.SUBODH Counsel for the Respondents 1 to 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nb.5: SRI P. SHREE RAM FOR SRI G.VENKATA REDDY SC for ZPP, MPP GRAM PANCHAYAT Counsel for the Respondent No.7: SRI S. VIVEK CHANDRA SEKHAR.S The Court made the following order: APHC010282982016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY,THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24344/2016 Between: 1.EDURU SUPRIYA, W/0. EDURU RAM MOHAN REDDY, AGED ABOUT 56 YEARS, OCC; SARPANCH, R/0. MUTHUKURU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, HYDERABAD. REP. BY ITS PRINCIPAL SECRETARY. 2.THE DISTRICT COLLECTOR AND DISTRICT ELECTION AUTHORITY. SPSR NELLORE DISTRICT AT NELLORE. 3.THE DISTRICT PANCYAHAT OFFICER SPSR NELLORE DISTRICT, - 4.THE MANDALAPARISHAD DEVELOPMENT OFFICER. MANDALA PRAJA PARISHAD, MUTHUKURU, SPSR NELLORE DISTRICT. 5.THE TAHSILDAR, MUTHUKUR GRAM PANCHAYAT, MUTHUKUR MANDAL, SPSR NELLORE DISTRICT. 6.VEDICHERLA SRIKANTH, S/O. VEDICHERLA NARAYANA R/0. CHALIVENDRA VILLAGE, MUTHUKUR MANDAL, SPSR NELLORE DISTRICT. 7.THE STATE ELECTION COMMISSION, ANDHRA PRADESH, VIJAYAWADA R7 IS IMPLEADED AS PER THE ORDER OF THIS 2 COURT, DT.31.08.2023, VIDE ORDER PASSED IN I.A.1 OF 2023. ...RESPONDENT(S): Counsel for the Petitioner: 1.C SUBODH Counsel for the Respondent(S): 1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2.VIVEK CHANDRA SEKHAR S 3.GP FOR PANCHAYAT RAJ & RURAL DEV (AP) The Court made the following ORDER: Heard Sri O. Manohar Reddy, learned Senior Counsel representing Sri C.Subodh, learned Counsel for the Writ Petitioner, Sri Kiran Kumar Vadlamudi, learned Government Pleader for Panchayat Raj and Rural Development, Sri P.Shree Ram, learned Counsel appearing on behalf of Sri Venkata Reddy Gajjala, learned Standing Counsel for ZPP, MPP and Gram Panchayat and Sri Viswanath Challa, learned Counsel appearing on behalf of Sri S.Vivek Chandra Sekhar, learned Standing Counsel for the State Election Commission. 2. The present Writ Petition is filed with the following prayer: “ to issue a writ of mandamus or any other appropriate writ or direction declaring the proceedings of the 2"'* respondent issued in Roc.No.812/2014-A6, dt.18.04.2016 as illegal, arbitrary and is in violation of principles of natural justice and pass such other further orders as the Hon’ble Court feels deem fit and proper in the facts and circumstances of the case.” 3. The Proceeding issued by the Election Officer in ROC.No.812/2014- A6, dated 18.04.2016 (Ex.P.1) is under challenge. By the said Proceeding, the District Collector (District Election Officer) has launched prosecution or against the Writ Petitioner for misrepresentation in furnishing the details in the Election nomination. 4. The Election for the post of Sarpanch of Muthukur Gram Panchayat, Muthukur Mandal, SPSR Nellore District was held in the month of July, 2013. Vedicherla Srikanth (Unofficial Respondent No.6) has submitted a complaint alleging that the Writ Petitioner has failed to disclose the true facts in the Affidavit filed along with the nomination. Sri 5. Basing on the information furnished by the Unofficial Respondent No.6, the Mandal Parishad Development Officer has conducted an enquiry and submitted a Report. The Writ Petitioner also submitted an explanation. The Mandal Parishad Development Officer has called for a Report from the Tahsildar and also from the Bank Officials. The Respondent No.2 namely the District Collector-cum-District Election Authority, SPSR Nellore District has prosecution against the Writ Petitioner, vide Proceeding dated launched 18.04.2016 (Ex.P.1), which is now under challenge. V I ^ 6. Vide Order dated 25.07.2016, my Predecessor has stayed the impugned Proceeding in W.P.M.P.No.30007 of 2016. This Order of interim stay has continued till date. 7. Admittedly, the Election took placed in the month of July, 2013 and of the Writ Petitioner also would have been over long time ago. As the tenure such, the interim stay of the impugned Proceeding has been operating since of the matter, this Court is of the opinion that In this view 25.07.2016. launching of prosecution against the Writ Petitioner would be of no avail, due to long lapse of time and also due to completion of the tenure of the Writ Sarpanch of Muthukur Gram Panchayat, Muthukur Mandal, Petitioner as SPSR Nellore District. 8. As it can be seen from the record that the alleged conduct of the Writ Petitioner is of the year 2013. The tenure of the Writ Petitioner got over long time ago, whereas the impugned Proceeding came to be issued only on >1 4 18.04.2016. When the Writ Petitioner approached this Court, my Predecessor has suspended the impugned Proceeding way back on 25.07.2016 in W.P.M.P.No.30007 of 2016 and the matter had been pending for consideration before this Court ever since. Due to long lapse of time, this Court is of the opinion that no useful purpose would be served in continuing the Proceeding initiated against the Writ Petitioner, which is impugned herein. 9. In this view of the matter, this Court is of the opinion that the impugned Proceeding initiated against the Writ Petitioner dated 18.04.2016 must be set aside. Accordingly, the impugned Proceeding initiated by the Election Officer-cum-District Collector dated 18.04.2016 bearing ROC.No.812/2014-A6 (Ex.P.1) stand set aside. Accordingly, the Writ Petition is disposed. No order as to costs. 10. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- K J RAJA BABU ASSISTANTjREGISTRAR //TRUE COPY// / SE OFFICER To 1. The Principal Secretary, State Of Andhra Pradesh, Panchayat Raj Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector and District Election Authority, SPSR Nellore District at Nellore. 3. The District Pancyahat Officer„SPSR Nellore District. 4. The Mandalaparishad Development Officer, Mandala Praja Parishad Muthukuru, SPSR Nellore District. 5. The Tahsildar, Muthukur Gram Panchayat, Muthukur Mandal, SPSR Nellore District. 6. The State Election Commission, Andhra Pradesh, Vijayawada. 7. One CC to Sri C Subodh, Advocate [OPUC] 8. One CC to Sri S. Vivek Chandra Sekhar, Advocate [OPUC] 9. One CC to Sri G. Venkata Reddy, SC for ZPP, MPP & Gram Panchayat [OPUC] ^ 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] ' 11. Two CD Copies RAM (gsg) r ✓ HIGH COURT DATED:05/06/2025 0 5 JUL 2025 \fr - ^"rrint SectitnX^ > ss> ORDER WP.No.24344of2016 O' Co disposing of the wp WITHOUT COSTS