YARIAGADDA VENKATESWARA RAO Vs. GOVERNMENT OF ANSHRA PRADESH

JUDGEMENT

(1.) Manipulative politics can be said to be one of the serious ills with which Indian Democracy suffers. Ours is a multi-party Democracy. Political parties play a vital role in the elections. Party Whips, violation thereof and consequential disqualification resulting therefrom, these questions do arise before the Courts quite often. It is true that when the people had given mandate in favour of a particular political party, be that in local body elections or even otherwise and when the elections are conducted on Party oasis, except Independent candidates, elected representatives are bound to obey the Party Whip. There cannot be any doubt or controversy or two opinions over the same. Democratic spirit in the working of these Democratic Institutions also to be kept in mind while deciding such matters. The opinion is almost uniform that such manipulative politics would be of serious blow to the healthy Democracy and may have to be deprecated. Equally the procedural safeguards given to such elected candidates in relation to disqualifications or otherwise by the relevant statutory provisions or the rules also may have to be observed in proper perspective to be in consonance with the spirit of the Democracy. A careful balance may have to be maintained in between these two.

(2.) These batch of Writ Petitions are filed by the candidates who are disqualified for the alleged violation of the Party Whip. Several procedural infirmities, violations and contraventions had been pointed out in the respective pleadings of the parties. The consequential order, G.O.Ms.No.321, dated 14-8-2006, was challenged in W.P.No.17778/ 2006. Inasmuch as substantially though the facts are slightly dissimilar, the questions involved being the same in all these Writ Petitions, these Writ Petitions are being disposed of by this Common Order.

(3.) Reliefs prayed for in the Writ Petitions: W.P.No.15399/2006 is filed for a writ of mandamus, declaring the order of 4th respondent in Rc.No.171/A/06 dated 21-7-2006 as illegal, null, void, arbitrary and opposed to principles of natural justice and to pass such other suitable orders. W.P.No.17533/2006 is filed for a writ of certiorari calling for the records of the 1st respondent in Order No.A1/165/06 dated 9-8-2006 and to quash the same as arbitrary, illegal, without jurisdiction and violative of principles of natural justice in the interest of justice and equity and to pass such other suitable orders. W.P.No.18346/2006 is filed for a writ of mandamus setting aside the impugned order R.C.No.1/2006 dated 14-8-2006 of the 1st respondent as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India apart from being violative of principles of natural justice and to pass such other suitable orders. W.P.No.18671/2006 is filed for a writ of mandamus declaring the action of the respondents in not allowing the 1st petitioner to function as Mandal Parishad President (MPP) of Tirumalayapalem Mandal, Khammam District and cancelling the other petitioners as M.P.T.Cs. vide order No.120/ Elections/06 dated 7-8-2006 as illegal, unjust, arbitrary, discriminatory, violative of the fundamental rights guaranteed under Article 14 of the Constitution of India and also contrary to the provisions of A.P. Panchayat Raj Act and the Rules made thereunder, particularly with reference to Section 153 and the Rules issued in G.O.Ms. No. 173 dated 10-5-2006 and consequently direct the respondents to declare the 1st petitioner as the elected President, Mandal President, Tirumalayapalem Mandal, Khammam District by setting aside the order of the 5th respondent dated 7-8-2006 without reference to the pendency of I.A.No.1544/ 2006 in E.P.No.971/2006 on the file of Election Tribunal-cum-Principal District Judge, Khammam District and to pass such other suitable orders. W.P.No.21931/2006 is filed for a writ of mandamus declaring the action of the respondents in cancelling the election of petitioner as Member, M.P.T.C. through the impugned order dated 7-8-2006 in proceedings No.120/Elections/06, as illegal, arbitrary, discriminatory, violative of fundamental rights guaranteed under Article 14 of the Constitution of India and also contrary to the provisions of A.P. Panchayat Raj Act and the Rules made thereunder, particularly with reference to Section 153 and the Rules issued in G.O.Ms.No.173, dated 10-5-2006 and consequently to set aside the same and to pass such other suitable orders. W.P.No.16824/2006 is filed for a writ of mandamus or any other appropriate writ declaring the proceedings in Rc.No.42/2006- B dated 3-8-2006 on the file of 4th respondent in which the petitioners are disqualified from holding the posts of Members of M.P.T.Cs. of Phirangipuram-IV Mandal Parishad, Guntur District as illegal, void, arbitrary and in violation of principles of natural justice and consequently to set aside the same and to pass such other suitable orders. W.P.No.17778/2006 is filed by K.Vijayarani who is the 1st petitioner in W.P.No.16824/2006, praying for a writ of mandamus declaring G.O.Ms.No.321 dated 14-8-2006, Panchayat Raj & Rural Development issued by the 1st respondent as illegal, void and arbitrary and consequently to set aside the same and to pass such other suitable orders. It is needless to say that the said G.O. is consequential to the orders which had been impugned in W.P.No.16824/2006.