IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2464 OF 2025 Between: Nadendia Harika, W/o Nadendta Venkata Narendra, Aged about 30 Occ: Household, R/o H.No.23-51/2, Nehru Nagar, Nandigama, District yrs. NTR ...PETITIONER AND 1. The Nandigama Municipality, Nandigama, NTR District Rept. By its Municipal Commissioner 2. The State Election Commission, Vijayawada, NTR District Rept. By its State Election Commissioner 3. The Collector and District Election Authority, Vijayawada, NTR District 4. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 5. Kongara Srikanth, S/o. Kaleswara Rao, Aged about 37 years, Occ: 12*^ Ward Counsellor of Nandigama Municipality, R/o. Door No.9-2, Near K.V.R. College, Nandigama, NTR District. 6. Gadde Seshu Kumari, W/o. Narasimha Rao, Aged about 38 years, 13 Ward, R/o. Door No.22-49, Near K.V.R. College, Nandigama, NTR District (RR 5 & 6 are impleaded in Writ Petition and Affidavit Court’s order dt.03/02/2025 in lA No.2 of 2025) th as per ...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 issue a writ, order or direction more particularly one in the ; nature of writ of Mandamus to declare action of the respondents in intending to fill-up the casual vacancy of Chairperson of 1®* respondent Municipality in the Special Meeting scheduled to be held on 03-02- 2025 before holding the Bi-elections to fill-up the casual vacancy of Ward Council Nos.7 and 11 of 1®* respondent Municipality preventing the partitioner to become the Councilor and thereafter Chairperson of the 1 respondent Municipality as arbitrary, illegal and contrary to Sec.21, 21-A and 23 of the A.P. Municipalities Act and violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondentsnot to fill up the casual vacancy of Chairperson in the 1®* respondent Municipality in the Special Meeting scheduled to be held on 03-02-2025 or any other subsequent date before holding the Bi-elections to fill-up the casual vacancy of Ward Council Nos.7 and 11 of 1®‘ respondent Municipality enabling the winners to become Chairperson in the interest of justice. St lA 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 respondents not to fill-up the casual vacancy of Chairperson in the 1®‘ respondent Municipality in the Special Meeting scheduled to be held on 03-02-2025 or any other subsequent date in pursuant to the Notice, dt. 29-01-2025 issued by the 3'"'^ respondent pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI VELADI SAI SRI HARSHA Counsel for the Respondent No.1:M/s. SIREESHA RANI VALLABHNENI, SC FOR MUNICIPALITIES Counsel for the Respondent Nos.2 & 3; SRI S. VIVEK CHANDRA SEKHAR, SC FOR SEC Counsel for the Respondent No.4: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.5 & 6:SRI P.V.N.KIRAN KUMAR The Court made the following; ORDER r APHC010049312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2464/2025 Between: ...PETITIONER Nadendla Harika AND ...RESPONDENT(S) The Nandigama Municipality and Others Counsel for the Petitioner: 1.VELADI SAI SRI HARSHA Counsel for the Respondent(S): 1. 2.GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 VS,J Wp_2464_2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare action of the respondents in intending to fill-up the casual vacancy of Chairperson of 1®' respondent Municipality in the Special Meeting scheduled to be held on 03.02.2025 before holding the Bi-elections to fill-up the casual vacancy of Ward Council Nos.7 and 11 of respondent Municipality preventing the petitioner to become the Councillor and thereafter Chairperson of the 1®' respondent Municipality as'arbitrary, illegal and contrary to Sec. 21-A and 23 of the A.P.Municipalities Act and 21. violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to fill-up the casual vacancy of Chairperson in the 1®^ respondent Municipality in the Special Meeting scheduled to be held on 03.02.2025 or any other subsequent date before holding the Bi-elections to of Ward Council Nos.7 fill-up the casual vacancy and 11 of 1 winners to become Chairperson in the interest of respondent Municipality enabling the justice ” The case of the petitioner is that respondent No.1 - Nandigama Municipality is consisting of 21 councillors. The post of 2) 3 VS,J Wp_2464_2025 Chairperson has been reserved for O.C. Woman. In the elections held in the year 2021, the council of respondent No.1 elected 11 ward Councillor Mandava Varalakshmi as Chairperson and 7*'^ ward Councillor Madugula Nagarathnam and 15'^^ ward Councillor Orsu Lakshmi as Vice-Chairpersons. Subsequently, Chairperson Mandava Varalakshmi died on 18.01.2024 and the Vice Chairperson Madugula Nagarathnam died on 16.07.2023. Therefore, casual vacancy arose not only for the post of Chairperson and Vice-Chairperson but also Ward Councillor Nos.7 and 11, as such the surviving Vice-Chairperson named Orsu Lakshmi has been functioning as the Chairperson in terms of Section 26-A of the A.P. Municipalities Act. th The petitioner is intending to contest in the Bi-elections to be conducted to the causal vacancies in respect of Ward Nos.7 and 11 and become the Ward member and also become the Chairperson. While the matter being so, respondent No.3 issued notice dated 29.01.2025 in Form-ll to the Ward members of respondent No.1 informing that a special meeting of the members of respondent No.1 Municipality will be held on 03.02.2025 at 11.00 a.m. for conducting election to the post of Chairperson and requested to make it convenient to attend the meeting. The main grievance of the petitioner is that respondent No.1 is intending to conduct elections for the post of Chairperson, without conducting elections to the casual vacancy of Ward Councillor Nos.7 and 11 of respondent No.1 Municipality, which is illegal and arbitrary. 3) 4) Heard Sri P.Nagendra Reddy, learned counsel for the petitioner and Ms.S.Pranathi, learned Special Government Pleader ■—' w \ 4 VS,J Wp_2464_2025 of learned Advocate General, for the attached to the office respondents. Learned counsel for the petitioner reiterated the contentions the affidavit filed in support of the writ petition and 5) urged in requested to allow the writ petition Ms.S.Pranathi, learned Special Government Pleader, has of this Court that A.P. State Election has issued notification No.7/Sec-F1/2025-2 dated 6) brought to the notice Commission notifying the post of Chairperson for the Nandigama not challenged before this Court. 27.01.2025 Municipality, which in fact is to whether election for the post conducted without conducting elections to However, with regard to the issue as of Chairperson can be the vacancies of ward councillors in the Council, learned Counsel relied upon the judgment of the High Court of Andhra Pradesh at Hyderabad in ‘Runakana Kanaka,ah Ws. The Commissioner, Eiuru Municipai Councii, Eiuru (Eiection Officer) and requested to dismiss the writ petition. Learned counsel for the petitioner relied on the judgment of Kolli Sai Priya Vs. The Andhra Pradesh Pharmacy 7) this Court in Council (W.P,No.19324 of 2023)”. wherein this Court while dealing 04.08.2023 for election of with the issue of meeting scheduled on the President and Vice President to the A.P. Pharmacy Council members among the registered pharmacists even before electing 6 held as follows; of the Pharmacy Act makes it abundantly should be full participation of all the members of “Section 23(1) clear that there 1956 see Online AP 75 5 VS,J Wp_2464_2025 the Council during the election of the President and the President. Vice- This Court cannot be a silence spectator to an act of the Respondents to dilute the democratic principles either directly indirectly. In the instant case, the or exercise that is sought to be undertaken by the Official Respondents in holding an election for President and Vice-President with admittedly 9 members 15 members is not only highly undemocratic but it also stand the test of reasonableness and rationality under Article 14 of the Constitution of India." out of cannot 8) The law laid down in the said judgment is not in dispute. No doubt, Section 23 (1) of the Pharmacy Act says that there should full participation of all the members of the Council election of the President and the Vice-President such specification in the A.P.Municipalities Act. Therefore, the law laid down in the said case is not applicable to the present facts of the case. be during the but there is no 9) In Runakana Kanakaiah Vs. The Commissioner, Municipal Council, Eluru (Election Officer) learned counsel appearing for the respondents, it was held that the failure to fill up one of the offices of the councillors will the constitution of the municipality an invalid one. The Municipality has an independent existence apart from the dealing with the issue of vacancy of a member in the council, the Court further held as follows: “This indicates that a vacancy in the office of a member will not have the effect of invalidating any act done by the municipality. This declares the intention of the legislature that done by the municipality should not be impugned owing to any of Eluru relied upon by the not render councillors. While acts »s. 6 VS,J Wp_2464_2025 the defects pointed out above. We do not therefore think that a vacancy in the office of one of the members will be a bar to thg election of a chairman. Venkatarama Aiyar v. Janab Vs. Hamid Sultan 10) In Maracayar^" the Madras High Court held that the election of the President of a taluk board whose strength was fixed at 20 would not th member was not be rendered illegal merely because the 20 appointed and that it was not necessary that every seat should be filled in order to make it a legally constituted body. In "S.K.Pushpalatha Vs. State of Andhra Pradesh^ delay occurred in conducting election to the Post of Mayor in Chittoor Municipal Corporation and to the two vacant wards was challenged before the High Court of Andhra Pradesh at Hyderabad. After hearing both parties therein, the Court directed the Statg Election Commission to hold election to the post of Mayor of Chittoor Municipal Corporation without linking up holding of such to the election of vacant ward members of Chittoor the 11) election Municipal Corporation. casual vacancies of ward 12) In the present case, there are councillor for Ward Nos.7 and 11. The case of the petitioner is that she is intending to contest in the bi-elections of ward councillor and Chairperson. If she succeeds in the election of Ward Councillor, then only she would be eligible to contest in Chairperson. Admittedly, as of now, she is not a ward councillor, as such she has no locus to question the action of the respondents in the election of conducting election to the post of Chairperson. M4 M.U. 161 ^ 2016 see OnLine Hyd 450 7 VS,J Wp_2464_2025 13) Further, in view of the law laid down in the said judgments, this Court is of the opinion that staying the election of the chairperson will cause inconvenience to the Council and hamper the smooth running of the Municipal administration. The convenience of a particular individual cannot outweigh the interest of the council and the public of the Municipality. If the request of the petitioner is accepted, the Municipality will not have a chairperson for a long period. Normally, this court will not grant an injunction in such matters. There are no special circumstances to warrant the suspension of the election indefinitely. This is not a case where the petitioner is one of the candidates contesting for the post of chairperson of the municipality. Her case is that she is intending to contest in the bi-elections of ward Councillor and if she succeeds in the said election, then she would become eligible to contest in the election of chairperson. 14) In these circumstances, the request of the petitioner cannot be accepted. Even otherwise, if she is aggrieved by the election of Chairperson, she can challenge the same by filing election petition. Therefore, the writ petition is liable to be dismissed. 15) Accordingly, the writ petition is dismissed. No order as to costs. 16) Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed in consequence. SD/-K SRINIVASA RAJU ASSISTAN^R^GI^TRAR SECTION OFFICER / //TRUE COPY// To, 1. One CC to Sri Veladi Sai Sri Harsha, Advocate [OPUC] 2. One CC to M/s. Sireesha Rani Vallabhaneni, SC for Municipalities[OPUC] 3. One CC to Sri S. Vivek Chandra Sekhar 4. One CC to Sri P.V.N. Kiran Kumar,, 5. Two CCs to GP for Municipal Administration High Court of Andhra Pradesh. [OUT] 6. Three CD Copies. SC for SEC[OPUC] Advocate[OPUC] and Urban Development, ssb HIGH COURT DATED:05/02/2025 N j \ ORDER WP.No.2464 of 2025 DISMISSING THE W.P. WITHOUT COSTS