IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.709 OF 2014 DATED:29.4.2014 Between:
Anantha Udaya Bhaskar Rao … Appellant And The Election Commission of India Nirvachan Sadhan Ashoka Road New Delhi, rep. by its Secretary and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.709 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) We are of the view that no elaborate hearing is required in this matter as we have seen that appellant has approached the learned trial Judge with writ petition with regard to subject matter of election. As per the order of the Hon’ble the Chief Justice on administrative side, this business was not allocated to the Hon’ble trial Judge and it should have been before the Division Bench. Therefore, proceeding was not lawfully initiated and hence the order of the Hon’ble trial Judge is accordingly nullity.
Hence, we set aside the impugned order and also dismiss the writ petition. However, we grant liberty to file a fresh one in accordance with as may be advised.
The writ appeal is accordingly allowed. There will be no order as to costs.
Consequently, pending miscellaneous petitions, if any, shall stand closed.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 29.4.2014 bnr