Extracted from the PDF above. The PDF is authoritative.
APHC010528042025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
WRIT APPEAL NO: 1065 of 2025 Bench Sr.No:-36 [3483] The Secretary ...Appellant Vs. B J S Vedanayakam and others ...Respondent(s) ********** Advocate for Appellant: Mr. P. Subash Advocate(s) for Respondent(s): GP for Revenue, GP for Social Welfare, Mr. B. Suryanarayana
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 6th October, 2025.
P C :
The present Writ Appeal under Clause 15 of the Letters Patent has been preferred against an interim order dated 24.09.2025, passed in I.A.No.1 of 2025 in W.P.No.25674 of 2025, which is an ex parte order, by virtue of which status quo was directed to be maintained for a period of six weeks.
2.
Learned counsel for the appellant claims that on the date when the
order impugned came to be passed by the learned Single Judge, the elections were already over and that the order of status quo would impede the oath taking ceremony of the appellant who has duly been elected in the electoral process. It is also stated that in case the petitioners had any grievance, the writ Court ought not to have interfered with the election process as it is a settled principle of law that the election could have been challenged only by way of an election petition before the competent authority.
2 HCJ & RCJ WA_1065_2025
3. We have heard learned counsel for the appellant.
4. We feel that the status quo was to remain operative for a period of six weeks which is to expire next week. No effort has been made by the appellant till date for filing any counter-affidavit to the writ petition but has chosen to challenge the order impugned by way of this Writ Appeal.
5. Although number of issues have been raised in the present Writ Appeal, including the very exercise of jurisdiction under Article 226 in election matter, we feel that it would be appropriate for the appellant to approach the learned Single Judge seeking vacation of the interim order or modification, after filing his response, in that regard. Learned counsel states that he would file counter-affidavit within one week from today.
6. Be that as it may, we dispose of this Writ Appeal with a direction to the Registry to list W.P.No.25674 of 2025, before the learned Single Judge having Roster on 13.10.2025.
No order as to costs. Pending miscellaneous applications, if any, in this case, shall stand closed.
DHIRAJ SINGH THAKUR, CJ.
RAVI CHEEMALAPATI, J. SSN