IN THE HIQH COURT OF ANDHRA PRADESH :: AMARAVATI THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE MR. JUSTICE DHIRAJ SINGH THAKUR,CHIEF JUSTICE AND HON’BLE MR. JUSTICE R RAGHUNANDAN RAO WRIT APPEAL NO: 107 OF 2025 Writ Appeal under clause 15 of the Letters Patent preferred against the orders in W.P.No.2602/2025, dated 05-02- 2025 on the file of the High Court. _ Between: Mulaganchi Swarna Kumari, D/o Late Veerappa Aged about 27yrs, Occ Household R/o H.No. 1-312, Kaspa Street Palakonda, Srikakulam District ...APPELLANT.^ AND The Palakonda Nagara Panchayat, Palakonda, Parvathipuram Manyam District Rept. By its Municipal Commissioner The State Election Commission, Vijayawada, NTR District Rept. By its State Election Commissioner The Collector and District Election Authority, Parvathipuram town Parvathipuram Manyam District The Revenue Divisional Officer, Palakonda, Parvathipuram Manyam District The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department Secretariat, Velagapudi, Amaravathi, Guntur District. 1. 2. 3. 4. 5. ...RESPONDENTS ^ lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to dispense with filing of order in WP.No.2602/2024 on the file of the Court of High Court Of Andhra Pradesh. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High 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 17-02-2025 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 Appeal in the interest of justice. Counsel for the Appellant: SRI SRAVAN KUMAR NAIDANA Counsel for the Respondents: Mrs. S. PRANATHI (SPL.GP) The Court made the following: ORDER Bench Sr.No:-4 [3446] APHC010074062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 107 of 2025 ...Appellant Mulaganchi Swarna Kumari Vs. ...Respondents The Palakonda Nagara Panchayat and others ********** Mr. P. Nagendra Reddy Representing Mr. Sravan Kumar Naidana Advocate for Appellant Mrs. S. Pranathi (Spl.GP) Advocate(s) for Respondent(s): CORAM :THE CHIEF JUSTICEDHIRAJ SINGHTHAKUR SRI JUSTICE R RAGHUNANDAN RAO DATE : 6^^ March, 2025 PC : The present writ appeal has been preferred against the judgment and order, dated 05.02.2025 passed in WP.No.2602 of 2025. The petition was filed challenging the issuance of impugned notification, dated 27.01.2025 whereby elections were proposed to be held for 2. the post of Chairperson in Palakonda Nagara Panchayat. It appears that one Yandava Radha Kumari, who had been elected from the 19'^ ward as a Councillor and subsequently also came to be 3. 2 ^ HCJ & RC, J ' WA 107 2025 elected as a Chairperson, resigned thereby requiring a fresh biennial election to the said ward No. 19. The post of Chairperson of the Palakonda Nagara Panchayat is required to be filled only by a candidate from the S.C category who is a woman. The case of the petitioner before the learned single Judge was that since the Chairperson who had resigned was elected from the 19*^ ward, the elections to the post of Chairperson be deffered till such time as the elections to the 19'*" ward are held and concluded which would give the petitioner an opportunity also then to contest for being elected as a Chairperson of the said Nagara Panchayat. 4. The petition was dismissed by the learned single Judge by placing reliance upon the judgment rendered by the erstwhile High Court of Commissioner, Eluru 5. Andhra Pradesh in Runakana Kanakaiah v. Municipal Council [1956 SCC Online AP 75] wherein it was held: “9. 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 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. 11. We feel that staying the election of the chairman will cause inconvenience to the Council and hamper the smooth running of the 3 HCJ & RC, J WA 107 2025 Municipal administration. The convenience of a particular individual cannot outweigh the interest of the council and the public of the town. If the request of the petitioner is to be granted the Municipality will not have a chairman 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 says that he is one of the candidates for the chairmanship of the municipality. He only talks of his right to participate and stand as a councillor for election. These not considerations which could induce a court to grant an injunction restraining the ex-officio chairman from holding election of chairman. In these circumstances, we are unable to grant the request of the petitioner and the petition is dismissed...” are Reliance was also placed upon the decision of the Madras High Court in Rao Bahadue K.S. Venkatarama Ayyar v. Janab V. Hamid Sultan Maracayar Sahib Bahadur [{^923) 44 Mad LJ 161]. We would have agreed with the proposition advanced by learned counsel for the appellant had it been a case where, in the absence of woman Councillor belonging to the S.C community, there was any possibility at all of electing as Chairperson of the Palakonda Nagara Panchayat of a Councillor other than a woman candidate belonging to the S.C community. 6. However, learned counsel for the appellant fairly states that there is another woman Councillor who belongs to the S.C community. An effort was made to however convince us that the said candidate being an independent ■\ 4 i HCJ & RC, J WA 107 2025 candidate would never have an opportunity to get elected as she does not have the support of other elected members of the Nagara Panchayat. speculate at this stage, in these proceedings, as to whether the said woman candidate who belongs to the S.C community would ultimately succeed or fail in case elections to the post of Chairperson were held pursuant to the notification dated 27.01.2025. We cannot, however. 7. Considering the ratio of the judgments which have been relied by the learned single Judge, we are clear that one vacancy in the Nagara Panchayat would not in any manner affect the election of the Chairperson of the Nagara Panchayat. 8. upon We, therefore, do not find any merit in the present writ appeal, which is accordingly dismissed. No order as to costs. 9. Miscellaneous applications pending, if any, shall stand closed. \ \ Sd/- Wl.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, SRAVAN KUMAR NAIDANA, Advocate [OPUC] (SPL.GP),High Court of Andhra PradesbT 1. OneCCto SRI. 2. Two CCs to Mrs. S. PRANATHI [OUT] 3. Three C.D.Copies nm HIGH COURT DATED:06/03/2025 ORDER WA.No.107 of 2025 = 19 MAR 2025 ^ . Current Section ^ DISMISING THE WA WITHOUT COSTS