IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY^/'J ' TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR R^ WRIT PETITION NO: 41811 OF 2022 V \ \M.. c m V>: Between: Avvagari Mahitha, W/o. Seshadri Reddy, Aged about 31 years, Occ;Sarpanch R/o.Chintaparthi Gram Panchayat, Vayalpadu Mandal, Annamayya District ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Raj Department A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The District Collector-cum-District Election Officer, Annamayya District. 3. The Mandal Development Officer, Valmikipuram Mandal Annamayya District. 4. The Election Officer-Stage-11, Vayalpadu Mandal-cum-Headmaste r Urdu High School, Gadi Village Kalikiri Mandal, Annamayya District. 5. The Election Tribunal-cum-Junior Civil Judge, Vayalpadu, Annamayya District. 6. Vepamakula Narmada, W/o.V.Sreenatha Reddy Aged 57 years, Occ . Cultivation R/o.R.S.Road, Chinthaparthi Village and Post Vayalpad Mandal, Chittoor District. 7. Chintaparthi Sreelatha, W/o.Balaji Aged 40 years, Occ . Cultivation R/o.Etigadda Street, Chinthaparthi Village and Post Vayalpad Mandal, Chittoor District. 8. Cheruku Prameela, W/o.C.Dwarakanatha Reddy Aged 55 years, Occ. Cultivation, R/o.Sandhu Veedhi, Chinthaparthi Village and Post Vayalpad Mandal, Chittoor District. 9. Vepamakula Lalitha, W/o.V.Ramakrishna Reddy Aged 63 years, Occ. Clfitiyation, R/o.R.S.Road, Chinthaparthi Village and Post Vayalpad Mandal, Chittoor District. ...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 For the reasons stated above, it is therefore prayed that this Honble court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of “Writ of Certiorari” call for the records pertaining to IA.No.3 of 2022 in E.O.P.No.2 of 2021 dt. 23.12.2022 pending on the file of Election Tribunal-cum-Junior Civil Judge Vayalpadu, Annamayya District or 5 th respondent herein whereby appointing Advocate Commissioner to submit a report by recounting the votes polled in the election conducted on 13.02.2021 for the Chintaparthi Gram Panchayat, Valmikipuram Mandal, Annamayya District as illegal, arbitrary, unconstitutional and contrary to the provisions of Gram Panchayat Act and consequently quash the same. (Prayer is amended in petition and affidavit as per the C.O.Dt. 08.05.2024 vide orders passed in lA. No. 1 of 2024.) lA NO: 1 OF 2022 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 Stay all further proceedings including the appointment of Advocate Commissioner pursuant to the Orders passed in I.A.No.3 of 2022 in E.O.P.No.2 of 2021, dt.23.12.2022 on the file of 5^^ respondent, pending disposal of the Writ Petition. lA NO: 1 OF 2023 Between: Vepamakula Narmada, W/o.V.Sreenatha Reddy Aged 57 years, Occ . Cultivation R/o.R.S.Road, Chinthaparthi Village and Post Vayalpad Mandal, Chittoor District. ...PETITIONER/WRIT PETITIONER AND 1. Avvagari Mahitha, W/o. vSeshadri Reddy, Aged about 31 years Occ:Sarpanch R/o.Chintaparthi Gram Panchayat, Vayalpadu Mandal Annamayya District. ...RESPONDENT/WRIT PETITIONER 2. The State Of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Raj Department A.P.Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The District Collector-cum-District Election Officer, Annamayya District. 4. The Mandal Development Officer, Valmikipuram Mandal Annamayya District. 5. The Election Officer-Stage-ll, Vayalpadu Mandal-cum-Headmaste r Urdu High School, Gadi Village Kalikiri Mandal, Annamayya District. 6. The Election Tribunal-cum-Junior Civil Judge, Vayalpadu, Annamayya District. 7. Chintaparthi Sreelatha, W/o.Balaji Aged 40 years, Occ . Cultivation R/o.Etigadda Street, Chinthaparthi Village and Post Vayalpad Mandal, Chittoor District. 8. Cheruku Prameela, W/o.C.Dwarakanatha Reddy Aged 55 years, Occ. Cultivation, R/o.Sandhu Veedhi, Chinthaparthi Village and Post Vayalpad Mandal, Chittoor District. 9. Vepamakula Lalitha, W/o.V.Ramakrishna Reddy Aged 63 years, Occ. Cultivation, R/o.R.S.Road, Chinthaparthi Village and Post Vayalpad Mandal, Chittoor District. ...RESPONDENTS/RESPONDENTS 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 order passed in I.A.No.1 of 2022 in WP No. 41811 of 2022 dated 27-12-2022. % Counsel for the Petitioner :SRI. VUTUPALLI RAJANNA Counsel for the Respondent No’s. 1 & 2: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.6: SRI P GANGA RAMI REDDY Counsel for the Respondent No.3: SRI M SUDHIR, SCFOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No’s. 4 & 5, 7 to 9: — The Court made the following ORDER: % 8 APHC010709272022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330] (Special Original Jurisdiction) WEDNESDAY, THE TWELFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 41811/2022 Between: Avvagari Mahitha ...PETITIONER AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.VUTUPALLI RAJANNA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.PGANGA RAMI REDDY 3.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps.M.P.Ps,Gram Panchayats 2 The Court made the following order:- This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s;- "...pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Certiorari call for the records pertaining to I.A.No.3 of 2022 in E.O.P.No.2 of 2021 dt.23.12.2022 pending on the file of Election Tribunal-cum-Junior Civil Judge, Vayalpadu, Annamayya District/ 5“" respondent herein whereby appointing Advocate Commissioner to submit a report by recounting the votes polled in the election conducted on 13.02.2021 for the Chintaparthi Gram Panchayat, Valmikipuram Mandal, Annamayya District illegal, arbitrary, unconstitutional and contrary to the provisions of Gram Panchayat Act and consequently quash the same and to pass such other order or orders....” Heard learned counsel for the petitioner and learned counsel for as 2. the respondents. The 6^^ respondent filed E.O.P.No.2 of 2021 on the file of the Civil Judge-cum-Election Tribunal, Vayalpad, questioning the petitioner’s election held on 13.02.2021, to the post of Sarpanch of Chintaparthi Gram Panchayat in Annamayya District, on the ground of variation in counting of votes. Thereafter, the 6 respondent also filed I.A.No.3 of 2022 under Order XXVI Rule 9 r/w Section 151 of the Civil Procedure Code, requesting the Election Tribunal to appoint Advocate Commissioner to inspect the premises of District Treasury Officer and to re-count the votes polled, with surveillance of video graphs and to file the Commissioner Report. 3. learned Junior th 3 4. The said I.A.No.1 of 2023 was allowed appointing Advocate Commissioner for the on 23.12.2022, by purpose of re-counting the post of Sarpanch of on 13.02.2021. Assailing the order, the present writ petition is filed on several grounds. votes polled In the elections held for the Chinthaparthi Gram Panchayat said 5. After arguing for petitioner as well some time, both the learned as learned counsel for the this Court to direct the Tribunal dispose limit. counsel for the respondent requested of the E.O.P. by fixing the time 6. Hence, without delving into legal to the request made by both the Petition is disposed of, directing of 2021 as expeditiously (02) months from the date of be no order as to costs. niceties of the case, acceding learned counsel, the present Writ the Tribunal to dispose of E.O.P.No.2 as possible, preferably within a period of two receipt of a copy of this order. There shall As a sequel thereto, shall stand closed. miscellaneous petitions pending, if any Sd/-M SRINIVAS assistant, REGISTRAR sect! //TRUE COPY// OFFICER To, 1. The Principal Secretary Panchayat Pradesh, A.P.Secretariat Raj Department, State Of Andhra Velagapudi, Amaravathi, Guntur District. *4 2. The District Collector-cum-District Election Officer, Annamayya District. 3. The Mandal Development Officer, Valmikipuram Mandal Annamayya District. 4. The Election Officer-Stage-11, Vayalpadu Mandal-cum-Headmaste r Urdu High School, Gadi Village Kalikiri Mandal, Annamayya District. 5. The Election Tribunal-cum-Junior Civil Judge, Vayalpadu, Annamayya District. 6. One CC to SRI. VUTUPALLI RAJANNA Advocate [OPUC] 7. One CC to SRI P GANGA RAMI REDDY Advocate [OPUC] 8. One CC to SRI M SUDHIR, SCFOR ZPP, MPP & GRAM PANCHAYAT [OPUC] 9. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV, High Court Of Andhra Pradesh. [OUT] Three CD Copies 10. PRK if HIGH COURT DATED;12/02/2025 ORDER WP.No.41811 of 2022 0 7 MAR 2125 ^ Current Sectlo*' 1E_ eC DISPOSING OF THE W.P. WITHOUT COSTS