VALLABHANENI DAS Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) Heard Sri C. Raghu, learned Counsel appearing for the Petitioners as well as Sri V.V. Prabhakar Rao, learned Counsel appearing for Respondent No. 1, the learned Government Pleader for Panchayat Raj and Rural Development appearing for Respondent No. 2, and Sri G. Elisha, learned Standing Counsel appearing for Respondent No. 3 and with their consent, the writ petition is being disposed of at the admission stage.

(2.) This writ petition has been filed to declare the notification No. 20/SEC-B1/2010-71, dated 2.4.2011 issued by the 1st Respondent-State Election Commission for conducting election to the casual vacancies to the offices of President and Vice-President of Mudinepalli Mandal Parishad in Krishna District, as arbitrary, illegal and without jurisdiction.

(3.) The Petitioners were elected as members of Mandal Parishad Territorial Constituencies of Singarayapalem and Mudinepalli Mandals of Krishna District in the year 2006. In the said election, the Member elected from Peddapalaparru Mandal Parishad Territorial Constituency and the 1st Petitioner herein were elected as President and Vice-President, respectively, of Mudinepalli Mandal. However, the incumbent President was earlier removed in "No Confidence Motion" moved against him. He subsequently resigned as Member of the Peddapalaparru Mandal Parishad Territorial Constituency. Therefore, a vacancy has arisen in respect of Peddapalaparru Mandal Parishad Territorial Constituency. Similarly, the Member elected from Guraja Mandal Parishad Territorial Constituency also resigned. Subsequently, the 1st Petitioner also resigned to the office of Vice-President. Therefore, vacancies in respect of the said Mandal Parishad Territorial Constituencies have also arisen, besides the vacancies to the offices of President and Vice-President.