APHC010608422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31666/2025 Between: 1. PALLALA KONDAREDDY, S/O NAGIREDDY MPTC MEMBER, AUTHORISED WHIP HOLDER, D.NO.5-38, UTTARAPU BAZAR, NEAR SARSWATHI SCHOOL, NADIMURU, VINJAMURU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. ANDHRA PRADESH STATE ELECTION COMMISSION, REPRESENTED BY ITS STATE ELECTION COMMISSIONER, 1 ST FLOOR, NEW HOD BUILDING, M.G ROAD, VIJAYAWADA, KRISHNA DISTRICT-10. 2. THE ANDHRA PRADESH STATE, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYITHRAJ DEPARTMENT, SECRETARIAT BUILDINGS, MANDAM VILLAGE AND THULLURU MANDAL, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYTHIRAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI VILLAGE, AND TADEPALLI MANDAL, GUNTUR DISTRICT 4. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT NELLORE. 5. DISTRICT PANCHAYATHRAJ OFFICER, SPSR NELLORE DISTRICT. NELLORE. 2 6. THE REVENUE DIVISIONAL OFFICER, KAVALI REVENUE DIVISION AND PRESIDING OFFICER, VINJAMURU MANDAL PRAJA PARISHATH, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 7. THE MANDALA DEVELOPMENT OFFICER, C/O VINJAMURU MANDALA PRAJAPARISHATH, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 8. SRI PALLA PURUSHOTTAM, S/O MALA KONDAIAH AGED ABOUT 55 YEARS, OCC- BUSINESS, KATEPALLI MPTC MEMBER,KATEPALLI VILLAGE, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 9. GUVVALA MALLIKARJUNA, S/O KONDAIAH, AGED ABOUT 52 YEARS, OCC- BUSINESS, VUTUKURU MPTC MEMBER, VUTUKURI VILLAGE, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 10. UNTA RATHAMMA, W/O SUBBARAYUDU, AGED ABOUT 45 YEARS, OCC-HOUSE WIFE GUNDIMADAKALA MPTC MEMBER, GUNDIMADAKAL VILLAGE, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 11. BASIREDDY SUMALATHA, W/O JAYANTH REDDY SANKAVARAM MPTC MEMBER, NANDIGUNTA VILLAGE, VINJAMURU MANDAL, SPSR NELLORE DISTRICT. 12. E MOHAN REDDY, S/O PRESIDENT/CHAIRMAN, VINJAMURU MANDAL, NANDIGUNTA VILLAGE, VINJAMURU MANDAL, SPSR NELLORE 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 to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondent No.4 to 7 for Not launching the disqualification proceedings pursuant to complaint dated 01.11.2025 of the Petitioner being the respondents No 8 to 11 violated the whip in No- confidence Motion held on 31.10.2025 is illegal arbitrary violation of section 153 read with 245 of Panchyathiraj act 1994 besides Article 243-F and Article 14,19,21 of constitutional law of India and consequently direct the respondents No 6 to Pass appropriate orders on the 3 complainant of Petitioner dated 01.11.2025 for disqualifying the respondents No 8 to 11 as per rules and pass IA NO: 1 OF 2025 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 direct the respondent No 6 to dispose the Complaint Dated 01.11.2025 made by the petitioner for disqualifying the Respondents No 8 to 11 as per rules pending disposal of the main Writ petition and pass Counsel for the Petitioner: 1. TATA SINGAIAH GOUD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. SITA RAM CHAPARLA 4. 4 The Court made the following order: The grievance of the petitioner is that despite a complaint/representation dated 01.11.2025 submitted by the petitioner, respondent Nos.4 to 7 have failed to launch disqualification proceedings against respondent Nos.8 to 11, who acted in violation of the whip during the No Confidence Motion held on 31.10.2025. 2. Heard Sri Tata Singaiah Goud, learned counsel for the petitioner, Smt D.Chandrika, learned Assistant Government Pleader of Panchayat Raj and Rural Development Department, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue Department, Sri M.Sudhir, learned standing counsel for Gram Panchayat, Sri Sita Ram Chaparla, learned counsel for unofficial respondents. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner is an elected MPTC Member and duly authorized whip of the YSR Congress Party. It is further contended that respondents No. 8 to 11, though elected as MPTC members on 8B9 Form of the said party, deliberately disobeyed the party whip and supported the No-Confidence Motion held on 31.10.2025, despite the whip having been validly issued and properly communicated to them. Such conduct of the respondents is illegal and squarely attracts disqualification under Sections 153 and 245 of the A.P. Panchayat Raj Act, 1994. He further submitted that despite a detailed complaint/representation dated 01.11.2025 submitted by the petitioner, 5 respondent No.6 has failed to initiate disqualification proceedings against them. Hence, prayed to direct respondent No.6 to consider and dispose of the petitioner9s complaint/representation dated 01.11.2025 in accordance with law. 4. On the other hand, learned Assistant Government Pleader for revenue placed on record the written instructions of the Revenue Divisional Officer, Kavali dated 12.11.2025 and submitted that the very same No Confidence Motion was moved by respondent No.12, pursuant to which notice was issued for No Confidence Motion. The said notice was questioned by way of Writ Petition No. 29678 of 2025 and the said Writ Petition was dismissed. He further contended that every recognized political party may appoint on behalf of political party a whip and intimation of such appointment shall be sent by the State President or a person authorized by him under his signature and seal and such intimation shall be sent to the presiding officer so as to reach him on or before 11:00 A.M on the preceding day of election to the officer of the President and Vice President of the Mandal Parishad as per the provisions contained in G.O.Ms.No.173 Panchayat Raj & Rural Development (Elections) Department, dated 10.05.2006, but no such intimation regarding appointment of whip was received by the Revenue Divisional Officer or by the Mandal Parishad Development Officer on or before the preceding day of special meeting held on 30.10.2025. Hence, the Writ Petition cannot be entertained and prayed to dismiss the Writ Petition. 6 5. Learned counsel for the unofficial respondents contended that the petitioner has no right to submit such a complaint/representation. There is no statutory provision enforcing a party whip in respect of No Confidence Motion as evident from the provisions mentioned by petitioner itself. In view of the same, the petitioner is neither entitled to submit such a complaint/representation nor to invoke the jurisdiction of this Court under Article 226 of the Constitution of India. The Writ Petition is devoid of merits and is liable to be dismissed and prayed to dismiss the Writ Petition. 6. Perused the record and considered the submissions made by learned counsel for the parties. 7. It is not in dispute that a complaint/representation has been submitted by the petitioner in relation to the No Confidence Motion. The petitioner claims to be the duly authorized whip. By virtue of Section 245 r/w 153 of A.P.Panchayat Raj Act, 1994, No Confidence Motion can be moved after expiry of four years. The contention advanced by learned Assistant Government Pleader for Revenue and learned counsel for the unofficial respondents is that the petitioner has no right to move such No Confidence Motion, and therefore, the representation of the petitioner need not be considered. Since the Revenue Divisional Officer is vested with the power to entertain a No-Confidence Motion, this Court is not inclined to go into the aspect as to whether the petitioner is entitled to 7 move such an application or not. It is for the Revenue Divisional Officer to consider the same and pass orders in accordance with law. 8. In view of the above facts and circumstances of the case and taking into consideration the submissions made by learned counsel for the parties, as the relief sought in the Writ Petition is innocuous, no counter is required to be invited. Hence, this Court, without going into the merits of the case, is inclined to dispose of the Writ Petition at the admission stage by passing the following order: The respondent No.6-Revenue Divisional Officer is directed to pass appropriate orders on the petitioner9s complaint/representation dated 01.11.2025 in accordance with law as expeditiously as possible. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. __________________________________ JUSTICE RAVI CHEEMALAPATI 03.12.2025 MP 8 365 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.31666 of 2025 03.12.2025 MP