T VENKATESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Judgment of the Court was delivered by These are three writ petitions arising out of the same election process in different stages in respect of the elections to the Vijayawada Municipality. Vijayawada is one of the important towns in the State of Andhra Pradesh. After the Indian Constitution came into force, the wards of that Municipality were re-distributed to bring them in conformity with the provisions of the Constitution and elections were held in 1952 when Vijayawada was in the Madras State. On 1st October, 1953, the Andhra State was inaugurated and, in the ordinary course, elections should have been held to the Municipal Council in 1955. But the Government extended its life along with that of other Municipal Councils in the State till July, 1956. Thereafter, on 5th May, 1956, after following the prescribed formalities, the Government effected a re-distribution of the wards in the Vijayawada Municipality for the purpose of holding the next elections. On 22nd June, 1956, for reasons which we need not particularise, the Vijayawada Municipal Council was superseded for a period of one year. The period of supersession was extended for another six months and will expire by 21st December, 1957. In the order extending the period of supersession, it was specifically mentioned that the new elections would be held and the reconstituted Council would come into being on 21st December, 1957. Indeed, the Government directed the Inspector-General of Local Administration to conduct the elections and to reconstitute the Council by that date and steps were teing taken towards that end. But, on 5th November, 1957, the Government issued another notification re-distributing once again the wards in the Vijayawada Municipality. On 12th November, 1957, new electoral rolls on the basis of the re-distribution of the wards were published. On 13th November, 1957, a notification was issued by the Government fixing the election programme, whereunder 21st, 22nd and 23rd November, were the dates fixed for receiving nominations, 25th November for scrutiny, 16th December for polling and 17th December for counting. The authorities concerned are proceeding to conduct the elections in accordance with the aforesaid programme.

(2.) W.P. No. 864 of 1957 is filed by T. Venkateswara Rao, who claims to be a rate-payer in the Vijayawada Municipality and a resident of Ward No. 28 as constituted in the re-distribution of the wards effected on 5th May, 1956. He was a Councillor till the date of the supersession of the Municipality on 22nd June, 1956. He is also a member of the Secretariat of the Communist Party, Vijayawada, which is setting up candidates for election in the several wards. The petition was filed on 4th November, 1957, for the issue of a writ of mandamus or other appropriate writ or direct the respondents to hold the elections to the Vijayawada Municipality on the basis of the wards fixed under G.O. Ms. No. 674 L.A., dated 5th May, 1956. On nth November, 1957, the said Venkateswara Rao filed another writ petition, W.P. No. 896 of 1957, for issuing a writ of certlorari to quash G.O. Ms. No, 1976 L.A., dated 5th November, 1957, published in the Andhra Pradesh Gazette, dated 6th November, 1957, re-distributing the wards on the eve of the new elections. T.V.P. Ramachandra Rao and Dr. T. V. S. Chalapathi Rao filed W.P. No. 1015 of 1957 for issuing a writ of certiorari or other appropriate order to quash the notification issued by the Government, dated 5th November, 1957 and published in the Andhra Pradesh Gazette, dated 6th November, 1957, the proceedings relating to the preparation and publication of the electoral rolls and the consequential election proceedings on the basis of such wards and rolls .

(3.) The three writs were filed in respect of the three stages of the election process questioning the holding of the elections on the basis of the re-distributed wards effected in November, 1957 and for conducting the elections on the basis of the earlier re-distribution of wards effected in May, 1956.