Dismissed

Smt.Kathi Krishna Veni, v. The State Election Commissioner of Andhra Pradesh

Andhra Pradesh HC10 Nov 2021WP/6790/2021

Case brief

AI extract

What is this about?

The High Court dismissed a Writ Petition filed by a Sarpanch candidate challenging the non-action on her representations regarding alleged vote-counting irregularities and non-recount of votes. The court held that under Section 233 of the AP Panchayat Raj Act, 1994, only an Election Petition is the statutory remedy, which was unavailable due to delays after the result declaration.

What did the court decide?

Writ Petition dismissed; interlocutory applications stood closed; no order as to costs.

Smt.Kathi Krishna Veni, Vs The State Election… — Election Law | Andhra Pradesh HC (2021)

¶1

THE HON’BLE SRI JUSTICE A.V.SESHA SAI

¶2

WRIT PETITION No.6790 OF 2021

¶3

ORDER:

¶4

The complaint in the present Writ Petition is nonconsideration of the representation dated 17.02.2021 said to have been submitted by the petitioner to respondent No.6 for recounting of the votes and the non-consideration of the representation dated 05.03.2021 submitted by the petitioner to respondent Nos.3 and 4. The State Election Commission issued a notification for holding local body elections and in pursuance of the same, schedule of elections was also published and the petitioner herein filed her nomination for the seat of Sarpanch of the Grampanchayat, Kothapalli village, Lingpalem Mandalam, West Godavari District. Polling took place on 17.02.2021 and pointing out certain alleged irregularities, the petitioner herein claims to have submitted a representation dated 17.02.2021 and according to the petitioner, she also submitted a representation to the District Election Authority, i.e., District Collector, on 05.03.2021, but the respondents did not take any action on the said representations.

¶5

On instructions, during the course of hearing, learned Government Pleader for Panchayatraj, Sri Kiran, submits that there is no evidence to show that the petitioner herein submitted the representation dated 17.02.2021 and the representation dated 05.03.2021 was received by the office of the District Collector approximately after 15 days from the date of election. It is further

¶6

¶7

submitted by the learned Government Pleader that the result was also announced on 17.02.2021 and respondent No.7 was also declared elected. It is the further submission of the learned Government Pleader that in view of the provisions of Section 233 of the Andhra Pradesh Panchayat Raj Act, 1994, read with Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram Panchayats, Mandal Praja Parishads and Zilla Praja Parishads) Rules, 1995, notified vide G.O.Ms. No.111, PR, RD & Relief (Elec.III) dated 03.03.1995, the present Writ Petition filed under Article 226 of the Constitution of India cannot be maintained.

¶8

Admittedly, the grievance of the petitioner in the present Writ Petition is alleged irregularity in counting the votes. According to Section 233 of the Andhra Pradesh Panchayat Raj Act, 1994, no election under the Act shall be called in question except by Election Petition. Admittedly, in the present Writ Petition, the petitioner herein failed to avail the said remedy under the statute and instead has approached this Court by way of the present Writ Petition. According to the Rules referred to supra, the Election Petition shall be presented within 30 days from the date of declaration of the election. Learned counsel for the petitioner made an attempt to sustain the case of the petitioner herein on the ground that the Returning Officer did not adhere to the Rules. Having regard to the above provision of law, at this length of time, that too, after the declaration of the result, the request of the petitioner herein cannot be considered by this Court.

¶9

¶10