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2026 DAILYLAW 5859 (AP)

Madasu Pedda Masthan v. The State of Andhra Pradesh

WP/18999/2026 · 2026-07-14

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010352832026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE 15th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 18999/2026 Between: 1. MADASU PEDDA MASTHAN, S/O M. PEDDANNA LATE, AGED 37 YEARS. OCC WARD WELFARE AND DEVELOPMENT SECRETARY R/O HNO. 19/65, LIC BACKSIDE, PRODDATUR TOWN, YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR-522238. 2. ELECTION COMMISSION OF INDIA, REP. BY ITS CHIEF ELECTION COMMISSIONER, NIRVACHAN SADAN, ASHOKA ROAD, NEW DELHI-110001 3. DISTRICT COLLECTOR CUM DISTRICT ELECTION OFFICER, YSR KADAPA DISTRICT AT KADAPA-516001. 4. MUNICIPAL COMMISSIONER CUM ASST ELECTORAL REGISTRATION OFFICER, PRODDATUR MUNICIPALITY, VASANTHAPETA, PRODDATUR TOWN, YSR KADAPA DISTRICT-516360. 5. ANDHRA PRADESH STATE ELECTION COMMISSION, REP. BY ITS CHIEF ELECTORAL OFFICER, BUILDING NO 5, SECRETARIAT, VELAGAPUDI, GUNTUR-522238 2 6. ELECTORAL REGISTRATION OFFICER CUM SPECIAL COLLECTOR, GNSS, PRODDATUR ASSEMBLY, KADAPA- 516360. 7. TAHSILDAR CUM ASST ELECTORAL REGISTRATION OFFICER, 132-PRODDATUR A/C, PRODDATUR MANDAL, YSR KADAPA DISTRICT-516360. . ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent No. 7 in not relieving the petitioner from his duties as Booth Level Officer for Old Polling Station No. 136 and New Polling Station No. 149 in Proddatur Assembly Constituency, as per the proceedings of the 4th respondent, as illegal, irregular, irrational, without jurisdiciton and arbitrary, unjust and violative of Articles 14 and 21 of constitution of India and consequently direct the respondent Nos. 4 and 7 to relieve the petitioner from Booth Level Officer duties with immediate effect, by implementing 4th respondent proceedings in Roc.No. 2872/2025-G1 dated 29.11.2025 and to pass IA NO: 1 OF 2026 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 leased to direct the respondent Nos: 4 and 7 to relieve the petitioner from Booth Level Officer duties with immediate effect, by implementing 4th respondent proceedings in Roc.No. 2872/2025-G1 dated 29.11.2025 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. M SOLOMON RAJU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.18999 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent No.7 in not relieving the Petitioner from his duties as Booth Level Officer (Old Polling Station No.136 & New Polling Station No.149) of Proddutur Assembly Constituency, as illegal and arbitrary. 2. The Petitioner is working as Ward Welfare and Development Secretary (Grade II) in Proddatur municipality. While so, the Electoral Registration Officer, 132-Proddatur Assembly Constituency, issued proceedings, dated 26.07.2025 appointing the Petitioner as a Booth Level Officer (Old Polling Station No.136 & New Polling Station No.149) of Proddutur Assembly Constituency in exercise of powers vested under Section 13B(2) of the Representation of the People Act, 1950. A total of 268 employees were posted at various places as Booth Level Officers vide said proceedings, dated 26.07.2025. Thereafter, the Petitioner sought for relieving him from the said duties, on account of domestic reasons. 4 3. Consequent thereto, 42 individuals were identified for replacement, and the same was communicated to the Tahsildar, Proddatur mandal, by the Commissioner of Proddatur municipality vide Roc.No.2872/2025-G1, dated 29.11.2025 and Petitioner is one among them. Inspite of the same, the Petitioner was not relieved from the said post. Hence, the Writ Petition came to be filed. 4. Learned Assistant Government Pleader for Services – I appearing for Respondent No.7 submitted that appropriate decision will be taken with regard to the letter addressed by the Commissioner of Proddatur municipality, dated 29.11.2025. 5. Considering the submissions, the Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to consider the case of the Petitioner for replacement as Booth Level Officer, as recommended by the Commissioner of Proddatur municipality vide Letter, dated 29.11.2025, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. 5 6. No order as to costs. 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 15.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 103 WRIT PETITION No.18999 of 2026 Dated: 15.07.2026 chs