The Election Commission is unable to announce the dates of the ensuing bypolls in Tel-angana because of petitions challenging the victories of candidates from three of the segments in 2009 pending before the High Court.
Provisions in the Rep-resentation of People’s Act 1951 allow the EC to hold bypolls even when petitions challenging the declaration by the returning officer are pending. But in this instance, two petitioners (the nearest rivals) have requested that they be declared the winners and this has troubled the EC.
It is now consulting legal experts on whether it can hold bypolls in these three Assembly segments in this context. Bypolls to 12 Assembly segments have to be conducted before August 13 and the EC wants to issue notification by June end and hold polls in the last week of July.
The petitions before the HC challenge poll victories of Mr K.T.Rama Rao, son of TRS chief, Mr K. Cha-ndrasekhar Rao, (Sircilla), Mr Chennamaneni Ramesh (Vemulawada) and Mr Dasyam Vinay Bhaskar (Warangal West).
Showing posts with label High Court. Show all posts
Showing posts with label High Court. Show all posts
Thursday, June 17, 2010
Thursday, April 22, 2010
TTD gold wall hits HC hurdle
Stating that the government was meddling with temple affairs, the Andhra Pradesh High Court stalled the gold plating project of Tirumala Tirupati Devesthanams (TTD) on Wednesday.
While dealing with a petition filed against gold plating the walls of the sanctum sanctorum of the Lord Venkateswara temple at Tirumala under the “Ananda Vimana Swarnamayam project”, a division bench comprising Justices B. Prakasha
Rao and R. Kantha Rao stayed further activity of project.
The bench granted the interim order while admitting the petition filed by Mr G. Raghava Reddy, president of Devalayaparirakshana Samiti.
Golden wall
Swarnamayam was inaugurated by YSR in Sept. 2008.
* Rs 40 lakh has been spent on the project.
* 135 kg gold was donated by devotees.
* 250 kg gold needed for the the project.
* Project was to be completed by Aug. 2011.
While dealing with a petition filed against gold plating the walls of the sanctum sanctorum of the Lord Venkateswara temple at Tirumala under the “Ananda Vimana Swarnamayam project”, a division bench comprising Justices B. Prakasha
Rao and R. Kantha Rao stayed further activity of project.
The bench granted the interim order while admitting the petition filed by Mr G. Raghava Reddy, president of Devalayaparirakshana Samiti.
Golden wall
Swarnamayam was inaugurated by YSR in Sept. 2008.
* Rs 40 lakh has been spent on the project.
* 135 kg gold was donated by devotees.
* 250 kg gold needed for the the project.
* Project was to be completed by Aug. 2011.
Thursday, March 18, 2010
Ban on night traffic: Kerala calls for all-party meet
The Kerala Government will soon convene an all-party meet to discuss the legal and political steps to overcome difficulties caused by the ban on night traffic in Mysore-Wayanad route by a recent order of Karnataka High Court as a wildlife conservation measure.
Replying to a calling attention by P. K. Krishna Prasad, who represents the border segment Sulthan Bathery, Chief Minister V. S. Achuthandan said the State cabinet has already decided to appeal in the Supreme Court against the order.
The ban on night traffic on NH 121 and 67 passing through Bandipore wildlife sanctuary has caused inconvenience to passengers, as well as freight movement between Bangalore and Wayanad has been affected, he said.
This route has been used for travel by people and transportation of goods for about three centuries, he added.
Since the National Highways come under Union Ministry of Highways, intervention of the Centre has also been sought. An all-party delegation would be sent to Delhi to apprise the central authorities of the difficulties the ban has caused, he said.
Replying to a calling attention by P. K. Krishna Prasad, who represents the border segment Sulthan Bathery, Chief Minister V. S. Achuthandan said the State cabinet has already decided to appeal in the Supreme Court against the order.
The ban on night traffic on NH 121 and 67 passing through Bandipore wildlife sanctuary has caused inconvenience to passengers, as well as freight movement between Bangalore and Wayanad has been affected, he said.
This route has been used for travel by people and transportation of goods for about three centuries, he added.
Since the National Highways come under Union Ministry of Highways, intervention of the Centre has also been sought. An all-party delegation would be sent to Delhi to apprise the central authorities of the difficulties the ban has caused, he said.
Wednesday, March 17, 2010
Hyderabad ‘free zone’, SC refuses state plea
The Supreme Court on Tuesday rejected a petition filed by the Andhra Pradesh government seeking a review of its ruling giving free zone status to Hyderabad for recruitment of police personnel.
Justices G.S. Singhvi and M.K. Sharma rejected the review petition in a hearing conducted in their chamber.
Sources said the Chief Minsiter, Mr K. Rosaiah, is likely to convene an all-party meeting on Wednesday morning in the Assembly to take stock of the situation arising out of the SC order on the sensitive issue.
The apex court had given the ruling in favour of free zone on October 9, 2009, while dealing with a petition filed by P.V. Radhakrishna, then inspector of the city police, opposing a separate cadre for Hyderabad.
The petitioner had appealed against an AP High Court order which stated that the city police was part of Zone 6 delineated by the Presidential Order for recruitment and its personnel cannot claim free zone status.
Mr Radhakrishna contended before the apex court that the city police had been exempted from the Presidential Order as per Section 14 (F).
Endorsing this, the Supreme Court set aside the High Court order, and said that the city was a free zone and would not come under Zone 6 specified in the Presidential Order.
As per the Presidential Order, the State was divided into six zones and the sixth zone included the districts of Nizamabad, Mahbubnagar, Medak, Nalgonda and Hyderabad. However, personnel were recruited in the city police during 1985, 1991 and 1994 treating Hyderabad as a free zone.
Following the Supreme Court order in October, there was uproar in the state with the Telangana Rastra Samiti threatening to launch a stir if Hyderabad was declared a free zone. The state government then hurriedly convened an all-party meeting and decided to file a review petition in the apex court.
The government argued that the procedure followed for recruitment of police in 1985, 1991 and 1994,
could not be used to declare the city a free zone. But this did not impress the Supreme Court.
Reacting to the latest Supreme Court ruling, the former minister and TRS leader, Mr T. Harish Rao, urged the Chief Minister, Mr K. Rosaiah, to adopt a resolution in the Assembly on Wednesday seeking amendment of the Presidential Order to treat Hyderabad as part of Zone 6.
Mr Harish Rao told this correspondent that in the all party meeting held last October, the TRS chief, Mr K. Chandrasekhar Rao, had pointed out that filing a review petition was of no use and only an amendment to the Presidential Order could bring about the desired result.
Sources said the Chief Minister too was in favour of the view that Hyderabad belonged within Zone 6.
Justices G.S. Singhvi and M.K. Sharma rejected the review petition in a hearing conducted in their chamber.
Sources said the Chief Minsiter, Mr K. Rosaiah, is likely to convene an all-party meeting on Wednesday morning in the Assembly to take stock of the situation arising out of the SC order on the sensitive issue.
The apex court had given the ruling in favour of free zone on October 9, 2009, while dealing with a petition filed by P.V. Radhakrishna, then inspector of the city police, opposing a separate cadre for Hyderabad.
The petitioner had appealed against an AP High Court order which stated that the city police was part of Zone 6 delineated by the Presidential Order for recruitment and its personnel cannot claim free zone status.
Mr Radhakrishna contended before the apex court that the city police had been exempted from the Presidential Order as per Section 14 (F).
Endorsing this, the Supreme Court set aside the High Court order, and said that the city was a free zone and would not come under Zone 6 specified in the Presidential Order.
As per the Presidential Order, the State was divided into six zones and the sixth zone included the districts of Nizamabad, Mahbubnagar, Medak, Nalgonda and Hyderabad. However, personnel were recruited in the city police during 1985, 1991 and 1994 treating Hyderabad as a free zone.
Following the Supreme Court order in October, there was uproar in the state with the Telangana Rastra Samiti threatening to launch a stir if Hyderabad was declared a free zone. The state government then hurriedly convened an all-party meeting and decided to file a review petition in the apex court.
The government argued that the procedure followed for recruitment of police in 1985, 1991 and 1994,
could not be used to declare the city a free zone. But this did not impress the Supreme Court.
Reacting to the latest Supreme Court ruling, the former minister and TRS leader, Mr T. Harish Rao, urged the Chief Minister, Mr K. Rosaiah, to adopt a resolution in the Assembly on Wednesday seeking amendment of the Presidential Order to treat Hyderabad as part of Zone 6.
Mr Harish Rao told this correspondent that in the all party meeting held last October, the TRS chief, Mr K. Chandrasekhar Rao, had pointed out that filing a review petition was of no use and only an amendment to the Presidential Order could bring about the desired result.
Sources said the Chief Minister too was in favour of the view that Hyderabad belonged within Zone 6.
Thursday, March 4, 2010
Woman Army Officer court martialled
Woman Army Officer Major Dimple Singhla has been court martialled after being found guilty of corruption charges.
Major Singhla has been sentenced to one-year imprisonment for the charges inflicted on her. She is the first woman officer in the Indian Army to be court martialled.
Earlier on February 8, allowing a petition filed by Major Dimple Singhla challenging the orders of General Court Martial (GCM), the Punjab and Haryana High Court had directed the GCM to pass fresh speaking orders on the jurisdiction issue.
In her petition taken up by a Division Bench of the High Court, Major Singhla of the Army's Judge Advocate-General Branch had earlier contended that the GCM had passed the impugned order without assigning any reason whatsoever.
Seeking the quashing of the order, Major Singhla had contended that the plea raised by her was rejected even without permitting her to lead evidence in support of her contention regarding lack of jurisdiction.
Major Singhla in her petition through counsel Sanjiv Bansal against the Union of India, the Chief of the Army Staff and other respondents had contended that she was commissioned in the Army's JAG branch on March 8, 1997.
On August 3, 2005, a news item appeared in which it was alleged that the petitioner's husband used to influence the court martial proceedings in which she was deputed to JAG. On August 5, same year, court of inquiry was convened.
Major Singhla has been sentenced to one-year imprisonment for the charges inflicted on her. She is the first woman officer in the Indian Army to be court martialled.
Earlier on February 8, allowing a petition filed by Major Dimple Singhla challenging the orders of General Court Martial (GCM), the Punjab and Haryana High Court had directed the GCM to pass fresh speaking orders on the jurisdiction issue.
In her petition taken up by a Division Bench of the High Court, Major Singhla of the Army's Judge Advocate-General Branch had earlier contended that the GCM had passed the impugned order without assigning any reason whatsoever.
Seeking the quashing of the order, Major Singhla had contended that the plea raised by her was rejected even without permitting her to lead evidence in support of her contention regarding lack of jurisdiction.
Major Singhla in her petition through counsel Sanjiv Bansal against the Union of India, the Chief of the Army Staff and other respondents had contended that she was commissioned in the Army's JAG branch on March 8, 1997.
On August 3, 2005, a news item appeared in which it was alleged that the petitioner's husband used to influence the court martial proceedings in which she was deputed to JAG. On August 5, same year, court of inquiry was convened.
Wednesday, February 17, 2010
HC calls Girish lawless, blasts police for caning
The Andhra Pradesh High Court on Tuesday blasted the state government for the lathicharge of girl students in the Osmania University and firing of teargas shells into hostel rooms.
A division bench comprising acting Chief Justice T. Meena Kumari and Justice G. Chandraiah upheld as “reasonable” a single judge’s order to evict armed forces from the OU campus and asked the advocate-general whether the government had any justification for highhandedness of the police.
Adding to the state government’s discomfiture, Justice L. Narasimha Reddy of the High Court termed the director general of police, Mr R.R. Girish Kumar, a “lawless” person for ignoring the court order to remove paramilitary and special forces as well as barricades from the OU campus and also summoned Mr P.S.R. Anjaneyulu, joint commissioner of Hyderabad, to explain the reasons for the attack on scribes.
The division bench, which dismissed the state’s appeal against the order of the single judge, observed that keeping paramilitary forces on the campus only deteriorated the situation further.
“How long will you retain the armed forces on the pretext of restricting outside elements from entering the campus?” the judge asked.
“They fired rubber bullets at women,” added Justice Meena Kumari. “Thank God they did not fire real bullets. I stay adjacent to the campus and I have noticed normalcy. Let the civil police handle the situation.”
Monday, February 8, 2010
Court strikes down reservation for Muslims in Govt jobs
Andhra Pradesh High Court on Monday struck down as unconstitutional, a State Government's order providing four per cent reservation for Muslim community in Government jobs and educational institutions.
This is for the second time that the Government has faced embarrassment as its two earlier attempts too met the same fate.
The Congress Government first tried to implement its election promise made in 2004 by granting five percent reservation but it was dismissed by the Court saying it exceeded the 50 per cent limit set by Supreme Court for reservations.
After much debate and study by State BC Commission, the quota was reduced to four per cent but this too has been rejected by the Court.
PTI adds:
The order was passed by the seven-judge bench headed by Chief Justice Anil Ramesh Dave on a petition filed by an advocate K. Kondala Rao.
The State government had moved a bill in the Assembly on the basis of a report submitted to it by the Andhra Pradesh Commission for Backward Classes. The bill was later passed by the Assembly.
The report had recommended that the socially and educationally backward should be adequately represented in the State. The government order (GO) was issued on July 7, 2007 providing the 4 per cent reservation to the 15 groups.
This is for the second time that the Government has faced embarrassment as its two earlier attempts too met the same fate.
The Congress Government first tried to implement its election promise made in 2004 by granting five percent reservation but it was dismissed by the Court saying it exceeded the 50 per cent limit set by Supreme Court for reservations.
After much debate and study by State BC Commission, the quota was reduced to four per cent but this too has been rejected by the Court.
PTI adds:
The order was passed by the seven-judge bench headed by Chief Justice Anil Ramesh Dave on a petition filed by an advocate K. Kondala Rao.
The State government had moved a bill in the Assembly on the basis of a report submitted to it by the Andhra Pradesh Commission for Backward Classes. The bill was later passed by the Assembly.
The report had recommended that the socially and educationally backward should be adequately represented in the State. The government order (GO) was issued on July 7, 2007 providing the 4 per cent reservation to the 15 groups.
