APHC010085802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CONTEMPT CASE NO: 514/2025 Between: 1. KASE SUMATHI, W/O KASE KAPIL, AGED ABOUT 37 YEARS, OCC COUNCILLOR, R/O, H.NO. 5-46-24, VEERAVARAPUPPETTA, TUNI, EAST GODAVARI, ANDHRA PRADESH - 533401. ...PETITIONER AND 1. S SURESH KUMAR, PRL SECRETARY, M.A AND U.D. DEPARTMENT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. MR SAGILI SHAN MOHAN IAS, THE COLLECTOR AND DISTRICT ELECTION AUTHORITY KAKINADA DISTRICT 3. MR G BINDU MADHAV IPS, THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT. 4. P VENU GOPALARAO, THE PRESIDING OFFICER AND ADDITIONAL PROJECT CO-ORDINATOR(SSA) KAKINADA DISTRICT. 5. MRS NILAM SAWHNEY, ELECTION COMMISSIONER, DOOR NO. 133, 1ST FLOOR, NEWS HOD ELUILDING, M.G.ROAD, OPP INDIRA GANDHI MUNICIPAL STADIUM, VIJAYAWADA- 520010. ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to pleased to punish the for wilful disobedience of the Orders dated Respondents/Contemnors 14.02.2025 of this Honble Court made in 2 VS,J C.C.No.514 of 2025 WP No. 4011 of 2025 in terms of Sections 10 to 12 of the of the Contempt of Courts Act, 1971 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 pleased to Dispense with filing of certified copy of Order dated 14.02.2025 in WP No 4011 of 2025, and to pass Counsel for the Petitioner: 1. SAI JAIDEEP REDDY S V Counsel for the Contemnor(S): 1. K M KRISHNA REDDY 2. VIVEK CHANDRA SEKHAR S The Court made the following: 3 VS,J C.C.No.514 of 2025 ORDER: This Contempt Case is filed complaining willful violation of the orders 14.02.2025 passed by this Court in W.P.No.4011 of 2025, wherein this Court passed the following order: “….Taking into consideration the submissions of learned Special Government Pleader, learned Government Pleader for Home and in view of the fact that the respondents herein have already taken all precautions by installing CCTV cameras in and around the Municipal Council Hall, Tuni and as well as by providing sufficient police bandobust for ensuring fair and peaceful conduct of the elections to the post of Vice Chairperson, Tuni, this Court feels it appropriate to dispose of the writ petition by directing all the respondents herein to see that the elections to the post of Vice Chairperson, Tuni shall be conducted on 17.02.2025 at 11.00 a.m., in a fair and transparent manner without any law and order problems. With the above direction, this writ petition is disposed of.” 2. Respondent No.5 filed a counter affidavit stating as follows: a) In compliance with the order dated 14.02.2025 passed by this Court, adequate security arrangements were made at the venue of the Special Meeting, and CC TV Cameras were also arranged in and around the premises of the Special Meeting venue for conducting the election to the post of Vice- Chairperson, Tuni on 17.02.2025 and 18.02.2025. The office of the 5th respondent has also issued procedural instructions in connection with the conduct of elections, including the deployment of adequate Police bandobust, personal protection for the members on their request. The 5th respondent has also appointed the Joint Collector, Kakinada District, as the observer to oversee the election process of Tuni Municipality. 4 VS,J C.C.No.514 of 2025 b) It is further stated that the election for the office of Vice- Chairperson, Tuni Municipality could not be held on 17.02.2025 and also on 18.02.2025 due to insufficient quorum, as per the reports submitted by the Presiding Officer of the Special Meeting as well as the Joint Collector, Kakinada District. In the meantime, the State Election Commission received a communication from the Commissioner & Director of Municipal Administration vide his letter dated 29.03.2025 with regard to the occurrence of a casual vacancy in the office of the Chairperson, Tuni Municipality, on 24.02.2025. Thereafter, the 5th respondent issued a notification for conducting the election to the offices of Chairperson and Vice-Chairperson of Tuni Municipality on 22.04.2025. The office of the 5th respondent once again issued procedural instructions in connection with conduct of elections, such as deployment of adequate Police bandobust, personal protection for the members on their request, arrangement of CCTV Cameras in and around the Special Meeting venue, etc. As per the election schedule, the Special Meeting for the election to both the offices of Chairperson and Vice-Chairperson of Tuni Municipality was held on 28.04.2025, and accordingly, Smt.Narla Bhuvana Sundari, Member of 18th ward, was elected as Chairperson, and Sri Achanta Venkata Surya Nageswara Rao, Member of 19th ward, was elected as Vice- Chairperson of Tuni Municipality in the said meeting. 3. As per the above counter filed by the 5th respondent, it can be understood that only due to lack of adequate forum, the elections could not be conducted on 17.02.2025 as well as on the next date i.e., 18.02.2025 as 5 VS,J C.C.No.514 of 2025 directed by this Court, but thereafter, on 28.04.2025, the elections were conducted by taking all precautions in a fair and peaceful manner, and accordingly, the Chairperson and Vice-Chairperson were elected. 4. In view of the reasons assigned by respondent No.5 in the counter affidavit, this Court is of the opinion that no contempt lies. 5. Accordingly, the Contempt Case is closed. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE V.SUJATHA Date: 11.07.2025 KGR