N. SUHARLATHA Vs. THE STATE ELECTION COMMISSION

JUDGEMENT

(1.) IN the elections conducted to Panchayat Raj bodies in the year 2014, petitioner was elected to the post of Member of Utukuru -2 Mandal Praja Parishad Territorial Constituency (MPTC) as candidate of Yuvajana Shramika Rythu Congress Party (YSRCP). The State Election Commission conducted elections to the President and Vice -President of Mandal Praja Parishad, Rajampeta Mandal on 04.07.2014 to Rajampeta Mandal Praja Parishad. On 3.7.2014, the YSRCP issued whip directing its members to cast their votes to the candidate sponsored by the party as a President of the Rajampet Mandal Praja Parishad. In defiance of the said whip, petitioner contested to the post of President as a candidate sponsored by the Telugu Desam Party and was successful. On the same day, YSRCP has complained to the State Election Commission to disqualify the petitioner as Member of MPTC and also as President of Mandal Praja Parishad. In response to the said intimation given by the party, the Presiding Officer of the Mandal Praja Parishad issued notice dated 15.07.2014 calling upon the petitioner to submit her explanation as to why she should not be disqualified. Petitioner filed her explanation on 20.07.2015. She denied of issuance of any whip by YSRCP and that the question of disobedience of the said whip would not arise. The Presiding Officer, Mandal Praja Parishad, Rajampeta Mandal, passed orders on 18.08.2014 disqualifying the petitioner as President of MPP and as primarily member of Mandal Parishad Territorial Constituency. Aggrieved thereby this writ petition is filed.

(2.) HEARD learned senior counsel Sri Vedula Venkata Ramana for the petitioner, learned senior counsel Sri D. Sudarshan Reddy for the 4th respondent and Sri V.V. Prabhakar Rao, learned standing counsel for the State Election Commission.

(3.) LEARNED senior counsel placing reliance on the decision of the division bench of this Court in the case of Singam Satyanarayana and others v. Election Officer and Deputy Chief Executive Officer, Zilla Parishad, Ranga Reddy District and others, contends that as YSRCP did not have recognition by the time elections were held on 30.03.2014, the provision in Section 153 of the Act is not attracted.