THOTA VENKIATESWARA RAO Vs. THE STATE ELECTION COMMISSION

JUDGEMENT

(1.) THESE appeals have been filed against the judgment and order of the learned Single Judge dated 21.08.2014, whereby His Lordship was pleased to dismiss the writ petitions at the threshold holding that the statute provides for an alternative remedy under Section 23(A) of the A.P. Municipalities Act, 1965 (for short, the Act) to challenge the order impugned in the writ petitions.

(2.) THE short fact leading to filing of these appeals is that the appellants writ petitioners were elected as Members of the Kavali Municipality. The appellants admittedly belong to a political party. The appellants claim that the said political party is not a recognized one. However, when the time came for selection of the Chairperson and Vice -Chairperson of the concerned municipality, leadership of this party appointed a whip for its Members including the appellants writ petitioners, who are said to have defied the whip. Accordingly, a complaint was made to the Presiding Officer under the statute to decide whether he has invited any disqualification for defying whip. The Presiding Officer found that the writ petitioners - appellants had defied, hence incurred disqualification and accordingly he passed the order of disqualification. The above order was challenged before the learned Single Judge.

(3.) LEARNED counsel appearing for the whip, 4th respondent, supports the orders of disqualification and contends that the appellants have an alternative remedy. Therefore, there is no need for the intervention of this Court, as the learned Single Judge has correctly passed the order asking the appellants writ petitioners to avail alternative remedy.