The petition challenging disqualification as a ward member was disposed of as an effective alternative remedy exists. Vacancy filling was stayed till 19.01.2015.
Writ Petition disposed; filling of casual vacancy stayed till 19.01.2015; petitioner directed to approach District Court for interim relief.
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HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.29984 OF 2014
DATED: 12.12.2014
Between: Nagisetti Muralikrishna … Petitioner and The State Election Commission and others
… Respondents
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.29984 of 2014
ORDER: (per the Hon’ble Sri Justice Sanjay Kumar)
The petitioner was disqualified as a ward member of Guduru Municipality, SPSR Nellore District, by the Presiding Officer, Gudur Municipality & Revenue Divisional Officer, Gudur, vide proceedings dated 27.09.2014. The said proceedings are subjected to challenge before this Court. However, under Section 23-A of the Andhra Pradesh Municipalities Act, 1965, the petitioner is provided an effective alternative remedy and can approach the District Court concerned for a decision as to the correctness of the impugned proceedings dated 27.09.2014.
The Writ Petition is accordingly disposed of leaving it open to the petitioner to avail the alternative remedy. However, as the petitioner has been disqualified and steps may be taken in the meanwhile by the authorities, some protection is warranted at this stage. We accordingly direct the respondent authorities not to fill up the casual vacancy caused by the disqualification of the petitioner till 19.01.2015. Before the said date, it shall be open to the
petitioner to approach the District Court concerned and seek interim relief in accordance with law. This Court desires that the District Court concerned shall dispose of the matter within three months.
With the above observations, the Writ Petition is disposed of.
Pending miscellaneous petitions, if any, shall also stand closed. No costs.
___________________ K.J. SENGUPTA, CJ
12th DECEMBER, 2014.
__________________ SANJAY KUMAR, J
kvni
Nagisetti Muralikrishna
The State Election Commission
Kalyan Jyoti Sengupta
Sanjay Kumar
As recorded by the court registry
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