NELLORE NAGARJU RAMANAIAH Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) This Court issued rule nisi on 13.9.2006. Heard the counsel on record.

(2.) The writ petition is filed for a writ of mandamus declaring the action of the 1st respondent issuing proceedings in L.R.No.2044/SEC- B2/2006 dated 28.8.2006 declaring the 4th respondent as Upa-Sarpanch of Eguvamitta Gram Panchayat, Venkalachalam mandal, Nellore district without issuing any notice or conducting enquiry as arbitrary, illegal, unconstitutional, without jurisdiction, violation of principles of natural justice and contrary to the Andhra Pradesh Panchayat Raj ( Conduct of Election of Upa-Sarpanch of Grama Panchayat) Rules 2006 and set aside the same and to pass such other suirablc'order.

(3.) The principal contention raised by the learned counsel for the writ petitioner Sri V.Narayana Reddy is that election means a valid election and inasmuch as the first election was made without service of notice, the same cannot be said to be valid electiion and though the petitioner is enjoying the majority, the State Election Commission, the first respondent had totally erred in issuing the impugned proceedings dated 28.8.2006.