CHAVVA REDDY Vs. PRESIDING OFFICER CUM ELECTION OFFICER

JUDGEMENT

(1.) A short question of considerable importance would arise for consideration in this writ petition as to the right of an elected person to seek election as President of Mandal Parishad as a candidate of political party other than the one on whose behalf such person got elected in the primary elections. The effect of a party whip issued as per the provisions of law on the exercise of such right is also an incidental and inseparable query that requires an answer. Background facts

(2.) In the elections conducted for the offices of the members of territorial constituency of Kamalapuram Mandal under the provisions of A.P. Panchayat Raj Act, 1994 (the Act, for brevity) and A.P. Panchayat Raj (Conduct of Elections of Members and Sarpanch of Gram Panchayat, Members of Mandal Parishad and Members of Zilla Parishad) Rules, 1994, the petitioner contested as a candidate of Telugu Desam Party (TDP). In the results declared on 17.7.2001, she was declared elected as member of Mandal Parishad Territorial Constituency (MPTC), Kamalapuram in Kadapa District. The next day she submitted resignation to primary membership of TDP. The President of TDP, Kamalapuram Mandal accepted the resignation on the same day i.e., 18.7.2001. She, thereafter, joined Indian National Congress (INC). As per the procedure, the President of the Mandal Parishad is elected by an electoral college consisting of all the MPTC Members in the Mandal concerned. The election of the President was scheduled on 22.7.2001. The petitioner was nominated as the candidate for the office of the President on behalf of INC. She also submitted B-Form issued by the concerned party official of INC nominating her as INC candidate for the office of President. She got majority of the votes and therefore was declared elected as President of Mandal Parishad, Kamalapuram.

(3.) On the eve of elections to the post of President of Mandal Parishad, the two main political parties issued whip directing all the MPTC members to be present in the meeting called for and vote for the candidate nominated by the respective political parties. One K. Mohan Reddy, who was appointed as the whip of TDP informed the petitioner that she has violated the party whip directing her to vote in favour of K. Parvathamma, TDP nominee for the post of President. Based on such a complaint given by TDP whip on 22.7.2001, the first respondent issued a show-cause notice dated 24.7.2001 as to why her membership for Kamalapuram II Mandal Parishad Constituency should not be cancelled. The petitioner submitted explanation on 27.7.2001. The petitioner also filed a writ petition being W.P. No. 15343 of 2001. By order dated 27.7.2001 the writ petition was disposed of directing the first respondent to consider the objections of the petitioner in the light of the law declared by the Division Bench of this Court in W.P. No. 11641 of 1997 and batch, and instructions issued by State Election Commission, the second respondent herein, vide Circular No.853/SEC-Bl/2001-9 dated 21.7.2001. The first respondent thereafter issued Form No.V-C under Rule 13(7)(ii) and Rule 25(7)(ii) of the Rules declaring the petitioner to have ceased to be a member of Kamalapuram II Mandal Parishad Territorial Constituency. This order is assailed in this writ petition.