In a PIL regarding non-conduct of elections to Bheemunipatnam Municipality, the Court discharged the petition, holding that the municipality had been merged with the Visakhapatnam Municipal Corporation and thus no longer exists, making the claims untenable.
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.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
PUBLIC INTEREST LITIGATION No. 115 of 2014
Date: 29.12.2014
Between:
Gadu Chinni Kumari Lakshmi
… Petitioner
And
The Andhra Pradesh State Election Commission, Rep., by its Secretary, Secunderabad & others.
… Respondents
This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 115 of 2014
ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This writ petition has been filed for the following relief:
“… to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ and declare that the non-issue of notification for conducting elections to Bheemunipatnam municipality of Visakhapatnam municipality as illegal, and violation of Article 243-K, 243-ZA, 243-ZF and 243-R of Constitution of India and consequently direct the 1st respondent to conduct elections to Bheemunipatnam Municipality of Visakhapatnam District.”
It is clear from the above prayer that the grievance of the petitioner is that the 1st respondent is not conducting elections to the Bheemunipatnam municipality.
In the counter affidavit it has been stated that the aforesaid municipality is no longer a municipality and it has been merged with the Visakhapatnam Municipal Corporation by appropriate Government order and as such holding of elections to the said municipality does not and cannot arise.
Since the above municipality is no longer in existence, the writ petition is closed without passing any order.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
___________________ K.J. SENGUPTA, CJ
___________________ SANJAY KUMAR, J
Date: 29.12.2014 ES
1 issue framed by the court
Whether to issue a writ of Mandamus directing the State Election Commission to conduct elections to Bheemunipatnam Municipality.
Gadu Chinni Kumari Lakshmi
The Andhra Pradesh State Election Commission
Kalyan Jyoti Sengupta
Sanjay Kumar
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
