A single judge dismissed a writ petition seeking to set aside a circular regarding village committee elections. The court held the petition closed at the submission that the circular is advisory in nature.
The writ petition and miscellaneous petitions were closed; no relief granted.
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THE HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No. 29031 of 2017
ORDER:
This writ petition is filed for the following relief:
“……to issue writ or direction preferably writ of mandamus declaring the Circular Rc.No.2624/2015/I.B, dated 03.08.2017, issued by respondent No.3 and consequential circular issued by respondent No.5 vide Rc.No.2624/I.B/2017 dated: nil are illegal and arbitrary and consequently set aside the said circulars and further direct the respondents to issue necessary instructions to conduct elections by following due process of law for village committees…”
Learned counsel for respondent No.3 submits that the Circular issued by respondent No.3 is advisory in nature and it is for the petitioners and respondent No.5 to act according to their byelaws.
In the circumstances, it is open to the petitioners to act according to the byelaws and no direction can be issued to respondent No.3.
The writ petition is accordingly closed.
Miscellaneous petitions, if any, pending in this writ petition
shall also stand closed. There shall be no order as to costs.
________________________ .RAMALINGESWARA RAO,J
kdl
Dt:04.09.2017
1 issue framed by the court
Whether the court can issue a writ of mandamus to declare the Circular issued by Respondent No.3 illegal and arbitrary.
1 provisions across 1 enactments
Petitioners
Respondent No.3
Respondent No.5
A. Ramalingeswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
