Civil revision petition questioning inaction in an election dispute. The High Court disposed of the revision by directing the lower court to adjudicate the election matter within one year.
Directed the lower court to dispose of O.P.No.1 of 2013 within one year.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE A.V.SESHA SAI
CIVIL REVISION PETITION No.3552 of 2014
Date : 19-12-2014
Between:
Smt. Dudipala Akhela, W/o.Ravinder Reddy, 39 years, Occ: Housewife, R/o.Chilakamarri village, PA Pally Mandal, Nalgonda District.
… Petitioner and Chirra Bharathamma, W/o.Venkat Reddy, 55 years, Occ: Sarpanch of Chilakamarri village, PA Pally Mandal, Nalgonda District and others
… Respondent
HON’BLE SRI JUSTICE A.V.SESHA SAI CIVIL REVISION PETITION No.3552 of 2014
ORDER:
This civil revision petition is filed under Article 227 of the Constitution of India, questioning the inaction in proceeding further in O.P.No.1 of 2013 on the file of the Court of Junior Civil Judge-cum-Gram
Panchayath Election Tribunal, Devarakonda, Nalgonda District.
Heard Sri Y.Ashok Raj, learned counsel for the petitioner, Sri Ashok Goud Ponnam, learned counsel for the 1st respondent and the learned Government Pleader for the respondents 3 to 8.
The revision petitioner herein filed O.P.No.1 of 2013 on the file of the Court of Junior Civil Judge-cum-Gram Panchayath Election Tribunal, Devarakonda, Nalgonda District under Section 233 of the A.P.Panchayat Raj Act, 1994, seeking the following reliefs:
"i) The Hon’ble Court may kindly be pleased to order for recounting of votes for deciding the correct number of vote’s in favour of the contested candidates and to decide the correct rejected votes poled in the Chilakamarri Grampanchayath Sarpanch election held on 31.07.2013.
ii) The arbitrary act of election declaration of presiding officer dated 31.07.2013 by declaring the Respondent No.1 as Sarpanch of the Grampanchayath Chilakamarri may be declared as illegal, void and by setting aside the said declaration as false.
iii) The petitioner may be declared as elected Sarpanch of Chilakamarri Grampanchayath after due recounting of votes.
iv) The cost of the petition may be awarded to the petitioner.
v) The Hon’ble Court may pass any other or further order or orders as deems fit and proper in the circumstances of the petition in the interest of justice."
The sum and substance of the grievance of the petitioner herein is that the Court below is granting time to the respondents unnecessarily for filing counters without any genuine reasons and not proceeding with the adjudication of the issue in the election petition. It is also the grievance of the petitioner herein that despite affording number of opportunities, the respondents herein are not filing counters. When the matter is taken up, it is submitted by the learned counsel for the 1st respondent that the 1st respondent herein filed his counter in the month of October, 2014. Since the petitioner herein is seeking innocuous order, this Court deems it appropriate to dispose of the revision by fixing
some time for disposal of O.P.No.1 of 2013 keeping in view the nature of controversy in the said original petition.
For the aforesaid reasons, the civil revision petition is disposed of, directing the Court of Junior Civil Judge-cum-Gram Panchayath Election Tribunal, Devarakonda, Nalgonda District to dispose of O.P.No.1 of 2013 on its file, within a period of one year from the date of receipt of a copy of this order, in accordance with law. No order as to costs.
As a sequel, miscellaneous petitions, if any pending in this civil revision petition, shall stand closed.
________________ A.V.SESHA SAI, J
Date: 19.12.2014
siva
HON’BLE SRI JUSTICE A.V.SESHA SAI
CIVIL REVISION PETITION No.3552 of 2014
Date : 19-12-2014
siva
1 issue framed by the court
Whether the lower court was in proper inaction in an election dispute petition.
2 provisions across 2 enactments
Smt. Dudipala Akhela
Chirra Bharathamma
A.V.Sesha Sai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
