These writ appeals, pending since 2007, are disposed of as academic due to the 2006 election cycle. All questions of law and contentions are kept open for future consideration in appropriate proceedings.
Writ appeals disposed of as academic; no order as to costs.
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
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND
HON’BLE SRI JUSTICE A.V. SESHA SAI
WRIT APPEAL Nos. 226 & 227 OF 2007
Date: 18.07.2016
W.A.No.226 of 2007
Between:
The Election Commission of India Rep., by Chief Election Commissioner, New Delhi & others.
… Appellants
And
Edupally Rangayyappa Rao & others.
… Respondents
HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON’BLE SRI JUSTICE A.V. SESHA SAI
WRIT APPEAL Nos. 226 & 227 OF 2007
ORDER: (per the Hon’ble the Acting Chief Justice Dilip B. Bhosale)
Heard learned counsel for the parties.
These writ appeals are pending since 2007. They are against the common order, dated 07.03.2007, passed in W.P.Nos.3321 and 3423 of 2007. In the writ petitions, the Memo, dated 15.02.2007, issued by the Chief Electoral Officer and E.O. Principal Secretary to Government in respect of M.L.C. elections is under challenge. Learned Single Judge allowed the writ petitions declaring that such of those petitioners whose names were included in the electoral rolls of any Assembly Constituency in the State, before the last date of filing of nominations, acquire the eligibility to file nominations.
Since the elections were conducted in 2006, we do not deem it proper to enter into and examine any legal questions raised by the appellants - Election Commission of India, now being academic in nature. We, therefore, dispose of these appeals keeping all questions of law and contentions of the parties, including maintainability of such writ petitions, open to be considered in appropriate proceedings.
Miscellaneous petitions, if any, shall also stand disposed of. There shall be no order as to costs.
DILIP B. BHOSALE, ACJ
A.V. SESHA SAI, J Date: 18.07.2016 ES
The Election Commission of India
Edupally Rangayyappa Rao
DILIP B. BHOSALE
A.V. SESHA SAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
