SAMANTHAPUDI AVATHARAM RAJU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for a mandamus to declare the action of the Respondents in proceeding with the process of holding elections for the post of President of Mandal Praja Parishad, Palakol, West Godavari District (for short 'the Mandal Praja Parishad') in pursuance of notification No. 20/SEC-Bl/2010-61, dated 20.01.2011, issued by Respondent No. 2, without filling up the vacancy of Member of Mandal Parishad Territorial Constituency (MPTC), Lankala Koderu-1, as illegal and arbitrary. The Petitioner sought for a consequential direction to the Respondents to fill up the vacancy of Member of MPTC, Lankala Koderu-1, before holding election to the office of the President of the Mandal Praja Parishad.

(2.) I have heard Sri A.V. Sesha Sai, learned Counsel for the Petitioner, and perused the record.

(3.) One Bodapati Pullayya Dasu was the elected President of the Mandal Praja Parishad. He died on 02.11.2010, as a result of which, vacancy in the Office of the President of the Mandal Praja Parishad arose and the Petitioner being the Vice-President of the Mandal Praja Parishad is kept in-charge of the office of the President and he is continuing as such as of now. The vacancy in the office of the Member of MPTC, Velivela, which was held by the deceased, was filled up by holding election to the said office. But, on 06.01.2011, the Member of MPTC, Lankala Koderu-1, is stated to have submitted his resignation on health grounds. By the impugned proceedings, Respondent No. 2 has permitted Collectors and District Election Authorities, to hold elections to the casual vacancies of President of Mandal Parishads indicated in Annexure-I. Palkol is one of the two Mandal Parishads, in respect of which, the said notification was issued.