IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2602 OF 2025 Between: Mulaganchi Swarna Kumari, D/o Late Veerappa Aged about 27 Yrs, Occ: Household R/o H.No.1-312, Kaspa Street, Palakonda, Srikakulam District ...PETITIONER AND 1. The Palakonda Nagara Panchayat, Palakonda, Parvathipuram Manyam 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, Parvathipuram town Parvathipuram Manyam District 4. The Revenue Divisional Officer, Palakonda, Parvathipuram Manyam District 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Secretariat, Velagapudi, Amarayathi, Guntur District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed 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 respondent No.2 in issuing the Impugned Notification No.7/SEC-F1/2015-2, dt. 27-01-2025 conducting elections to the post of Chairperson in the respondent Nagara Panchayat 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 No. 19 of 1st respondent Nagara Panchayat preventing the partitioner to become the Councilor and thereafter Chairperson 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 set aside the Impugned Notification No.7/SEC-F1/2015-2, dt.27-01-2025 issued by the 2nd respondent and further direct the respondents not to fill up the casual vacancy of Chairperson in the 1st respondent Nagara Panchayat 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 No.19 of 1st respondent Nagara Panchayat enabling the winners to become Chairperson in the interest of justice. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to direct the respondents not to fill-up the casual vacancy of Chairperson in the 1st respondent Nagara Panchayat in the Special Meeting scheduled to be held on 03-02-2025 or any other subsequent date in pursuant to the Impugned Notification No.7/SEC- F1/2015-2, dt.27-01-2025 issued by the 2nd respondent pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: SRI SRAVAN KUMAR NAIDANA Counsel for the Respondent No.5: GP FOR MUNICIPAL ADMN AND URBAN DEVELOPMENT Counsel for the Respondent Nos. 3 & 4: GP FOR REVENUE Counsel for the Respondent No.2: SRI VIVEK CHANDRA Counsel for the Respondent No.1: SMT. SIREESHA RANI VALLABHANENI (SC FOR MUNICIPALITIES) The Court made the following: ORDER A APHC010051002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] f WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 2602/2025 Between: ...PETITIONER Mulaganchi Swarna Kumari AND The Palakonda Nagara Panchayat and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.SRAVAN KUMAR NAIDANA Counsel for the Respondent(S): 1. 2.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following: 2 VS,J Wp_2602_2025 ORDER: f 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 respondent No.2 in issuing the Impugned NO.7/SEC-F1/2015-2 Notification conducting elections to the post of Chairperson in the 1 respondent Nagara Panchayat 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 No. 19 of respondent Nagara Panchayat preventing the petitioner to become the Councillor and thereafter Chairperson as arbitrary, illegal and contrary to Sec.21, 21-A and 23 of the A.P.MunicipalitiesAct and violation of Articles 14 and 21 of the Constitution of India and consequently set aside the Impugned Notification NO.7/SEC-F1/2015-2 dt.27.01.2025 issued by the 2 respondentand further direct the respondentsnot to fill up the casual vacancy of Chairperson in the 1 respondent Nagara Panchayat 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 No. 19 of 1 respondent Nagara Panchayat enabling the winners to become Chairperson in the interest of justice ” dt.27.01.2025 St nd St St The case of the petitioner is that respondent No.1 - Palakonda Nagara Panchayat is consisting of 20 councillors. The post of Chairperson has been reserved for S.C. Woman. In the 2) 3 VS,J Wp_2602_2025 elections held in the year 2021, the council of respondent No.1 elected 19'*^ ward Councillor Smt. Yandava Radha Kumari as Chairperson. Subsequently, the Chairperson submitted resignation and the same was accepted by the Government on 20.12.2024, therefore, casual vacancy arose not only for the post of Chairperson but also for Councillor of Ward No. 19. As there is a casual vacancy, the surviving Vice-Chairperson has been functioning as the Chairperson in terms of Section 26-A of the A.P. Municipalities Act. The petitioner is intending to contest in the Bi-elections to be conducted to the causal vacancy in respect of Ward No. 19 and become the Ward member and also become the Chairperson. While the matter being so, respondent No.2 issued notification No.7/SEC- F1/2015-2 dated 27.01.2025 to fill-up the casual vacancies including the Chairperson of respondent No.1 Nagara Panchayat. As per the election schedule, notice in Form-ll was issued to the Ward members of respondent No.1 informing that a special meeting of the members will be held on 03.02.2025 at 11.00 a.m. for conducting election to the post of Chairperson. The main grievance of the petitioner is that respondent No.1 is intending to conduct elections for the post of Chairperson, without conducting election to the casual vacancy of Ward Councillor No.19, which is illegal and arbitrary. 3) Heard Sri Sravan Kumar Naidana, learned counsel for the petitioner and Ms.S.Pranathi, learned Special Government Pleader attached to the office of learned Advocate General, for the respondents. 4) 4 VS,J Wp_2602_2025 5) Learned counsel for the petitioner reiterated the contentions urged in the affidavit filed in support of the writ petition and requested to allow the writ petition. f Ms.S.Pranathi, learned Special Government Pleader, contended that the election for the post of Chairperson can be conducted even without conducting elections to the vacancies of ward councillors in the Council, and in support of her contentions, she relied upon the judgment of the High Court of Andhra Pradesh at Hyderabad in “Runakana Kanakaiah Vs. The Commissioner, Eluru Municipal Council, Eluru (Election Officer)^” and requested to dismiss the writ petition. 6) 7) In “Runakana Kanakaiah Vs. The Commissioner, Eluru Municipal Council, Eluru (Election Officer)", relied upon by the learned counsel appearing for the respondents, it was held that the failure to fill up one of the offices of the councillors will not render the constitution of the municipality an invalid one. The Municipality has an independent existence apart from the councillors. While 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 v\/ill not have the effect of invalidating any act done by the municipality. This declares the intention of the legislature that acts done by the municipality should not be impugned owing to any of 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 the election of a chairman. ^ 1956 see OnLine AP 75 f 5 VS,J Wp_2602_2025 Venkatarama Aiyar v. Janab Vs. Hamid Sultan Maracayar^’’ the Madras High Court held that the election of the President of a taluk board whose strength was fixed at 20 would not be rendered illegal merely because the 20*^ member was not appointed and that it was not necessary that every seat should be filled in order to make it a legally constituted body. 8) In In “S.K.Pushpalatha Vs. State of Andhra Pradesh^ ” the 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 State Election Commission to hold election to the post of Mayor of Chittoor Municipal Corporation without linking up holding of such election to the election of vacant ward members of Chittoor 9) Municipal Corporation. 10) In the present case, there is casual vacancy in respect of Ward No. 19 in respondent No.1 - Nagara Panchayat. 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 the election of 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 conducting election to the post of Chairperson. Further, in view of the law laid down in the said judgments, this Court is of the opinion that staying the election of the 11) M4 M.L.J. 161 ^ 2016 see Online Hyd 450 6 VS,J Wp_2602_2025 chairperson will cause inconvenience to the Council and hamper the smooth running of the Nagara Panchayat. The convenience of a particular individual cannot outweigh the interest of the council and the public of the Nagara Panchayat. If the request of the petitioner is accepted, the Nagara Panchayat 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 Nagara Panchayat. 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. 12) 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. 13) Accordingly, the writ petition is dismissed. No order as to costs. 14) Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed in consequence. Sd/- K. TATA RAO DEPUTY REGISTRAR 1I //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Sravan Kumar Naidana Advocate [OPUC] 2. One CC to Smt. Sireesha Rani Vallabhaneni (SC for Municipalities), Advocate [OPUC] 3. Two CCs to GP for Municipal Admn and Urban Dev, High Court of Andhra Pradesh. [OUT] 4. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 5. Three CD Copies TF HIGH COURT DATED:05/02/2025 ORDER WP.No.2602 of 2025 g 1 2 FEB 2025 (ti Co ^ Current Section »i».P-gSpATC\A€-^f^'^ DISMISSING THE W.P., WITHOUT COSTS