IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 115 of 2014 Date: 29.12.2014 Between:
Gadu Chinni Kumari Lakshmi … Petitioner And The Andhra Pradesh State Election Commission, Rep., by its Secretary, Secunderabad & others.
… Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR PUBLIC INTEREST LITIGATION No. 115 of 2014 ORDER: (Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This writ petition has been filed for the following relief:
“… to issue a writ, order or direction more particularly one in the nature of writ of Mandamus or any other appropriate writ and declare that the non-issue of notification for conducting elections to Bheemunipatnam municipality of Visakhapatnam municipality as illegal, and violation of Article 243-K, 243-ZA, 243-ZF and 243-R of Constitution of India and consequently direct the 1st respondent to conduct elections to Bheemunipatnam Municipality of Visakhapatnam District.”
It is clear from the above prayer that the grievance of the petitioner is that the 1st respondent is not conducting elections to the Bheemunipatnam municipality.
In the counter affidavit it has been stated that the aforesaid municipality is no longer a municipality and it has been merged with the Visakhapatnam Municipal Corporation by appropriate Government order and as such holding of elections to the said municipality does not and cannot arise.
Since the above municipality is no longer in existence, the writ petition is closed without passing any order.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 29.12.2014 ES