Disposed

Chokkam Ramesh Babu v. The State of Andhra Pradesh

Andhra Pradesh HC6 Apr 2021WP/5853/2020

Case brief

AI extract

What is this about?

The Court noted that the municipal election process and results were completed, ruling that the primary grievance regarding the election did not survive. However, regarding the illegal fixation of ward boundaries, the Court directed respondents to consider the petitioners' representations and objections.

What did the court decide?

Direction to the respondents to consider the petitioners' representations and objections regarding the wrong fixation of boundaries for the 24 Wards in Mydukur Municipality.

Chokkam Ramesh Babu Vs The State of Andhra Pradesh — Election Law | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.5853 OF 2020

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ORDER:-

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Heard learned counsel for the petitioners, learned Government Pleader for Municipal Administration and Urban Development and Sri N.Ranga Reddy, learned Standing Counsel for Municipality representing the 5^th respondent.

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This writ petition has been filed seeking declaration that the action of the 2^nd respondent in fixing the Ward boundaries of Mydukur Municipality in 24 wards as per proceedings dated 25-01-2020, as illegal, contrary to the Andhra Pradesh Municipalities (Division of Nagara Panchayats and Municipalities into Wards) Rules, 1994 and contrary to the G.O.Ms.No.290 (MA&UD Department), dated 18-11-2019 and consequently set aside the same.

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The main grievance of the writ petitioners is that despite the representation dated 05-12-2019 submitted by them putforth the objections before the 4^th respondent relating to the draft de-limitation of the boundaries fixed for the 24 Wards in Mydukur Municipality, the same is not considered and the boundaries for the said Wards have been illegally fixed contrary to the Andhra Pradesh Municipalities (Division of Nagara Panchayats and Municipalities into Wards) Rules, 1994 and contrary to the G.O.Ms.No.290 (MA&UD Department), dated 18-11-2019.

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Although, this writ petition has been filed on 02-03-2020 prior to issuance of notification for the Municipal elections, the

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fact that remained established is that the notification for Municipal elections was issued and the entire election process has been also completed and the result of the elections was also declared. Therefore, in view of the fact that the entire election process for the recent Municipal elections including Mydukur Municipality has been completed, nothing survives for adjudication in this writ petition relating to the grievance that has been expressed by the petitioners. However, as the grievance of the writ petitioners, as noted supra, is relating to illegal fixation of boundaries for the 24 Wards in Mydukur Municipality, this Court is of the considered view that appropriate direction to the respondents to consider the representation or the objections that are made by the petitioners regarding wrong fixation of boundaries contrary to the relevant Rules and G.O., is required to be given. So, the respondents shall consider the said representation.

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Therefore, this Writ Petition is disposed of with the above direction. There shall be no order as to costs.

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Miscellaneous Petitions, if any pending, in this Writ Petition, shall stand closed.

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____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date : 06-04-2021 ARR

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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WRIT PETITION No.5853 OF 2020

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Date : 06-04-2021

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ARR

Chokkam Ramesh Babu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Chokkam Ramesh Babu v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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