MARAM SUJATHAMMA Vs. STATE ELECTION COMMISSION

JUDGEMENT

(1.) W.P. No. 13050 of 2006 : The writ petition is filed for a writ of mandamus or any appropriate writ declaring the action of the Returning Officer and the Chief Executive Officer, M.P.T.C. in declaring that the petitioner has withdrawn the nomination filed on behalf of Indian National Congress as illegal and consequently direct the respondents to permit the petitioner to participate in elections under Indian National Congress banner for the elections to the post of Member, M.P.T.C., Bandarlapalli-II segment, scheduled to be held on 2-7-2006 or any other subsequent date and pass such other suitable orders.

(2.) It is stated that the first respondent issued election notification for elections of the Members of Zilla Parishad on 10-6-2006. It is also stated that the Returning Officer had issued notification, inviting nominations from the proposed contestants on 13-6-2006. It is further stated that the nominations were received during 13-6-2006 to 17-6-2006, the scrutiny of the nominations was done on 18-6-2006 and the last date for withdrawal of nominations was on 21-6-2006. The elections are scheduled to be held on 28-6-2006 in some areas of State of Andhra Pradesh and on 2-7-2006 in some other areas. The counting of votes is scheduled on 4-7-2006. It is also stated that in respect of Chittoor Mandal Parishad, elections are scheduled to be held on 2-7-2006. It is further stated that in pursuance of the notification, the petitioner filed two sets of nominations on 16-6-2006 under the banner of the Indian National Congress to the post of M.P.T.C. of Bandarlapalli-II segment. It is also stated that 21-6-2006 is the date of withdrawal of nominations. It is further stated that the Indian National Congress had issued 'B' Form in her favour and the same was submitted before the Returning Officer on 21-6-2006 at about 2.45 p.m. Since she had filed two sets of nominations, she had withdrawn one set of nomination and submitted 'B' Form obtained from the Indian National Congress. It is also stated that after withdrawal of nominations at 3.00 hours, the list of candidates who were in elections to be displayed. Accordingly, the list was issued wherein her name was figured. Surprisingly, on the next day, i.e., 22-6-2006 a revised list of contesting candidates was issued, wherein her name was not mentioned and no reasons were assigned for deletion of her name. The petitioner had approached the Office of the Returning Officer on 22-6-2006, 23-6-2006 and 24-6-2006, but the Returning Officer and other subordinate officers were not available in the office and the reasons for deletion of her name from the list of contesting candidates for M.P.T.C. elections are not forthcoming. It is further stated that on 26-6-2006, she made representation to the Revenue Divisional Authority, Madanapalli, Chittoor District. However, no action had been taken. Hence, questioning the deletion of her name from the list of contesting candidates, the present writ petition is filed.

(3.) W.P. No. 13051 of 2006 : The writ petition is filed for a writ of mandamus or any other appropriate writ declaring the action of the Returning Officer and Chief Executive Officer, ZPTC in declaring that the petitioner has withdrawn the nomination filed on behalf of Indian National Congress as illegal and consequently direct the respondents to permit the petitioner to participate in the elections under Indian National Congress banner for the elections to the post of Member, ZPTC, Ramakuppam scheduled to be held on 2-7-2006 or any other subsequent date and pass such other suitable orders.