PANCHUMARTHI ANURADHA Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner in the instant writ petition prays for issuance of a Writ of Mandamus declaring G.O.Ms.No. 273, M.A., Municipal Administration and Urban Development (Elec. II) Department, dated 8-5-2000 appointing Sri P. Rangaiah, retired District and Sessions Judge as the Election Tribunal for a period of one year and G.O.Ms.No. 151 M.A., Municipal Administration and Urban Development (Elec. II) Department, dated 21-4-2001 extending the term upto 31-12-2001 or till the necessity ceases, whichever is earlier, as illegal and void. The petitioner also prays for a consequential declaration declaring the judgment dated 26-7-2001 in Election Petition No. 1/2000 on the file of the Election Tribunal as illegal and void.

(2.) Before adverting to the question as to the validity of the impugned Order issued by the State Government appointing the second respondent herein as the Election Tribunal, it is necessary to notice the relevant facts leading to filing of this writ petition.

(3.) The Government of Andhra Pradesh in exercise of the powers conferred under Section 75(1) of the Hyderabad Municipal Corporations Act, 1955 (for short 'The Act') appointed the second respondent herein (retired District and Sessions Judge of the A.P. State Higher Judicial Services) as the Election Tribunal for a period of one year for the trial of election petitions in respect of the elections held to the Municipal Corporations of Visakhapatnam, Vijayawada, Guntur, Kurnpol, Warangal and also Municipal Corporations of Hyderabad and Rajahmundry in respect of which the elections are proposed to be held. The decision of the Government is reflected in G.O.Ms.No. 273, M.A., Municipal Administration and Urban Development (Elec. II) Department, dated 8-5-2000. By subsequent G.O.Ms.No. 151, M.A., Municipal Administration and Urban Development (Elec. II) Department, dated 21-4-2001 the term of the second respondent was extended upto 31-12-2001 or till the necessity ceases.