The AP High Court on Wednesday directed the Election Commission to hold byelections in Vemulawada and Sircilla Assembly constituencies along with the byelections scheduled for 10 other constituencies on July 27.
A division bench comprising Justice V.V.S. Rao and Justice
Vilas V. Afzulpurkar gave this directive while allowing a writ petition filed by the Telangana Rastra Samiti. Sircilla was represented by Mr K.T. Rama Rao, son of the TRS chief, Mr K. Chandrasekhar Rao, and Vemulawada by Mr Ch Ramesh of the TD, who subsequently joined the TRS.
The EC had withheld the by-elections to both the constituencies as petitions were pending from the runners-up in the 2009 elections who wanted to be declared winners. The TRS welcomed the judgment.
Asked about the judgment, the Chief Electoral officer, Dr I.V. Subba Rao, told this newspaper that he had informed the EC. The Chief Election Commissioner, Mr Navim Chawla, told him that the full commission will take a decision on Thursday. Mr Rao said there was no problem in holding the bypolls since the electoral rools had been published for the two seats also.
The HC observed that the pendency of election petitions and the uncertain consequences that might follow would not in any manner dilute the effect of Section 151A of Representation of Peoples (RP) Act especially when the Speaker of Assembly has already notified the vacancies.
The bench said that Section 150 of the RP Act was silent on a seat becoming vacant during pendency of election petition. “But the silence in this regard does not enable withholding by-election,” said the judges.
Referring to the powers of the EC in withholding the election, the judges said, "It is not the case before us that the EC has consulted with the Centre and certified not to hold elections to two constituencies."
The bench said even if the elected candidate resigns during pendency of election petition against him, a by-election has to be held within a period of six months from the date of occurrence of the vacancy.
"Even if the petitioners in the two election petitions pending before the court win...the court can always deny the relief,” said the judges.
Referring to the apex court’s findings in Sanjeevayya case, the court also said the pendency of election petition and the possible consequences could not be used to ignore Section 151A.
The bench further said Article 190(3) (b) of the Constitution does not admit such differentiation and any vacancy that arises should be filled through as by-election within the period mandated by the Parliament.
Showing posts with label ap high court. Show all posts
Showing posts with label ap high court. Show all posts
Thursday, July 1, 2010
Tuesday, June 15, 2010
HC stays probe into OMC mines
The mining baron, Mr Gali Janardhan Reddy, got a breather from the AP High Court which on Monday stayed all further proceedings on a probe ordered by the Centre into the alleged illegal mining operations of Obulapuram Mining Corporation (OMC).
Justice C.V. Nagarjuna Reddy allowed a miscellaneous petition filed by the OMC. The judge ruled that the interim stay would continue till the disposal of the writ petitions in this regard. He dismissed a CBI petition against an earlier interim stay on the probe.
The judge observed that public interest will not be affected if the CBI was not permitted to conduct a parallel investigation to find out whether the OMC and Bellary Iron Ore Private Limited have crossed their boundaries and are carrying on illegal mining.
Referring to the SC direction which permitted the OMC to mine, the judge pointed out if the Supreme Court felt that it would be against public interest, the mining company would not have been given permission. The court held that if the CBI is permitted to continue its investigation, it would cause irreparable injury to the petitioner as the boundary row is yet to be resolved.
Justice C.V. Nagarjuna Reddy allowed a miscellaneous petition filed by the OMC. The judge ruled that the interim stay would continue till the disposal of the writ petitions in this regard. He dismissed a CBI petition against an earlier interim stay on the probe.
The judge observed that public interest will not be affected if the CBI was not permitted to conduct a parallel investigation to find out whether the OMC and Bellary Iron Ore Private Limited have crossed their boundaries and are carrying on illegal mining.
Referring to the SC direction which permitted the OMC to mine, the judge pointed out if the Supreme Court felt that it would be against public interest, the mining company would not have been given permission. The court held that if the CBI is permitted to continue its investigation, it would cause irreparable injury to the petitioner as the boundary row is yet to be resolved.
Friday, April 30, 2010
HC seeks info from top cop on action taken on TV channels
The Andhra Pradesh High Court on Thursday sought to know from the Hyderabad city police commissioner the action he has initiated against TV news channels for their repeated telecast of crime-based programmes and visuals containing violence and obscenity, despite court orders.
Justice C.V. Nagarjuna Reddy was dealing with a petition filed by Mr V. V.S.S. Kameswara Rao, a practising advocate, seeking a direction to restrain all Telugu news channels from telecasting violent sequences, visuals, tele-serials based on crime events and also abusive speeches.
The court had earlier granted stay on telecast of the programmes, which created panic in the minds of the people. The court also asked channels not to telecast or hold debates which are of little help to the people.
The court directed the city police commissioner to see that the provisions of Rule 6 of the Cable Television Networks Rules 1994 are strictly complied with by the TV channels.
Justice Nagarjuna Reddy directed the police commissioner to file an action taken report by June 14 and extended stay orders.
Case against CM adjourned
The Andhra Pradesh High Court on Thursday adjourned the hearing of a writ of quo warranto filed against the continuation of Mr K. Rosaiah as Chief Minister.
Mr Voggu Murali and five other selected excise constables filed the writ contending that Mr Rosaiah was not competent to hold the office of Chief Minister as he was not elected leader of the Congress Legislature Party prior to his appointment on September 3, 2009 and even subsequently.
When the petition came up before a division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar, the advocate- general Mr D.V. Seetharama Murthy, took serious exception and said the writ was an abuse of process of law and has nothing to do with the relief of writ of quo warranto against the Chief Minister.
He told the court that similar writs filed earlier were dismissed by the court.
The bench asked the petitioner’s counsel, Mr P.V. Krishnaiah, to point out necessary provisions of law and not to make it a political issue. He said that the CLP had authorised the AICC chief to select the leader of the CLP instead of electing any person as the leader and as per the liberty given by the CLP this was informed to the Governor through the PCC president. He contended that this was illegal and against the Constitution. The case is posted for hearing after the vacation.
Centre suspends DRT presiding officer
The Centre has suspended the presiding officer of the Hyderabad Debts Recovery Tribunal (DRT) Mr D. Gopala Krishana. Sources in the judiciary revealed that the Union ministry of finance on Thursday issued suspension order. Mr Jacob Daniel presiding officer of the DRT Chennai, will hold additional charge of the Hyderabad zone.
Mr Gopala Krishna was suspended in the backdrop of several writ petitions filed against his functioning and the Central government had referred the matter pertaining to the allegations to the debt recovery appellate tribunal of Chennai for inquiry into the issue, sources added.
HC quashes cases against Chamundi
The Andhra Pradesh High Court on Thurday quashed criminal proceedings pending against Mr Chamundeswarnath, former secretary of the Andhra Cricket Association.
Mr N. Venkat Rao, a native of Guntur district had lodged a complaint against Mr Chamundeswarnath alleging that he had tampered with the bylaws and records of the association. The Nagarampalem police registered a case against Mr Chamundeswarnath. The former ACA secretary challenged the action before the court and Justice Gopalakrishna Tamada quashed the proceedings.
HC refuses to enter Speaker’s domain
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar of the Andhra Pradesh High Court on Thursday dismissed a writ petition filed seeking a direction to the AP Assembly Speaker to disclose the reasons for delay in accepting the resignations of MLAs recently.
Mr K. Parthasaradhi Reddy, an advocate filed the writ seeking a direction to declare the action of the Speaker in keeping the resignations of MLAs pending for a period of one-and-a-half months without taking any actions as unconstitutional. The bench observed that it will not intervene in matters which under the jurisdiction of the Speaker.
Justice C.V. Nagarjuna Reddy was dealing with a petition filed by Mr V. V.S.S. Kameswara Rao, a practising advocate, seeking a direction to restrain all Telugu news channels from telecasting violent sequences, visuals, tele-serials based on crime events and also abusive speeches.
The court had earlier granted stay on telecast of the programmes, which created panic in the minds of the people. The court also asked channels not to telecast or hold debates which are of little help to the people.
The court directed the city police commissioner to see that the provisions of Rule 6 of the Cable Television Networks Rules 1994 are strictly complied with by the TV channels.
Justice Nagarjuna Reddy directed the police commissioner to file an action taken report by June 14 and extended stay orders.
Case against CM adjourned
The Andhra Pradesh High Court on Thursday adjourned the hearing of a writ of quo warranto filed against the continuation of Mr K. Rosaiah as Chief Minister.
Mr Voggu Murali and five other selected excise constables filed the writ contending that Mr Rosaiah was not competent to hold the office of Chief Minister as he was not elected leader of the Congress Legislature Party prior to his appointment on September 3, 2009 and even subsequently.
When the petition came up before a division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar, the advocate- general Mr D.V. Seetharama Murthy, took serious exception and said the writ was an abuse of process of law and has nothing to do with the relief of writ of quo warranto against the Chief Minister.
He told the court that similar writs filed earlier were dismissed by the court.
The bench asked the petitioner’s counsel, Mr P.V. Krishnaiah, to point out necessary provisions of law and not to make it a political issue. He said that the CLP had authorised the AICC chief to select the leader of the CLP instead of electing any person as the leader and as per the liberty given by the CLP this was informed to the Governor through the PCC president. He contended that this was illegal and against the Constitution. The case is posted for hearing after the vacation.
Centre suspends DRT presiding officer
The Centre has suspended the presiding officer of the Hyderabad Debts Recovery Tribunal (DRT) Mr D. Gopala Krishana. Sources in the judiciary revealed that the Union ministry of finance on Thursday issued suspension order. Mr Jacob Daniel presiding officer of the DRT Chennai, will hold additional charge of the Hyderabad zone.
Mr Gopala Krishna was suspended in the backdrop of several writ petitions filed against his functioning and the Central government had referred the matter pertaining to the allegations to the debt recovery appellate tribunal of Chennai for inquiry into the issue, sources added.
HC quashes cases against Chamundi
The Andhra Pradesh High Court on Thurday quashed criminal proceedings pending against Mr Chamundeswarnath, former secretary of the Andhra Cricket Association.
Mr N. Venkat Rao, a native of Guntur district had lodged a complaint against Mr Chamundeswarnath alleging that he had tampered with the bylaws and records of the association. The Nagarampalem police registered a case against Mr Chamundeswarnath. The former ACA secretary challenged the action before the court and Justice Gopalakrishna Tamada quashed the proceedings.
HC refuses to enter Speaker’s domain
A division bench comprising Chief Justice Nisar Ahmad Kakru and Justice P.V. Sanjay Kumar of the Andhra Pradesh High Court on Thursday dismissed a writ petition filed seeking a direction to the AP Assembly Speaker to disclose the reasons for delay in accepting the resignations of MLAs recently.
Mr K. Parthasaradhi Reddy, an advocate filed the writ seeking a direction to declare the action of the Speaker in keeping the resignations of MLAs pending for a period of one-and-a-half months without taking any actions as unconstitutional. The bench observed that it will not intervene in matters which under the jurisdiction of the Speaker.
Saturday, March 20, 2010
Probe awards to top cops
The Andhra Pradesh High Court on Friday pulled up the Centre for awarding Presidential gallantry awards to three IPS officers of the state without ascertaining whether they actually deserved it.
Mr K.N. Rao, a practising advocate of the High Court, filed a petition pointing out that Mr A. Siva Shankar, Mr Sriram Tiwari and Mr Nalini Prabhat, senior IPS officers, got the medals for an encounter with Maoists in which they did not take part.
Three top Maoist leaders Nalla Adireddy alias Shyam, Yerram Reddy Santosh Reddy alias Mahesh and Seelam Naresh were killed in the encounter that took place in Koyyur forest area in Karimnagar district on December 2, 1999.
“This court cannot determine or infer whether the three officers personally participated in the event for which the medals were awarded,” said a division bench comprising Justice Goda Raghuram and Justice G.V. Seethapathy while disposing of the petition.
The bench asked the Centre to examine the issue and take an appropriate decision with due regard to the prestige and honour associated with President’s police medal for gallantry.
According to the judges, the manner in which the Centre dealt with the issue put the prestige and integrity of the medals in jeopardy.
“The Centre has a fiduciary duty in processing the recommendation of the state government for the award of medals and it can neither be abdicated nor outsourced to the state,” said the court. “This however happened.”
Earlier, the state government had conducted a disciplinary inquiry against the same officers but later dropped the charges.
The court, expressing dissatisfaction over the inquiry, however, said that it was not giving any directive as the petitioner did not challenge the decision of the state government to drop charges.
Saturday, January 16, 2010
HC gives nod to examine witness
The AP High Court gave the nod to examine former mandal revenue officer and mandal executive magistrate of Anantapur, Mr Thirupal Setty, as defence witness in the murder case of former TD MLA Paritala Ravindra.
Justice B. Chandra Kumar while dismissing a revision petition filed by the state government against the orders of the district sessions judge, reiterated that the court has power to summon any witness at any stage of inquiry or trial.
The Anantapur district session judge had passed an order on a petition filed by one Mr B. Ranganayakulu, seeking a direction to summon Mr Thirupal Setty as a court witness to ascertain the time when orders were promulgated under Section 144 of CrPC.
