IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH (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.1434 OF 2014 DATED: 11-12-2014 Between:
Muchu Siva Kumari and others … Appellants And The State Election Commission rep.
by its Secretary, Secunderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT APPEAL NO.1434 OF 2014
JUDGMENT: (per Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
This appeal is sought to be preferred against the judgment and order of the learned Single Judge dated 21.10.2014, by which the writ petition has been dismissed, after considering various aspects of the matter, holding that the appellants have got an alternative remedy under Section 153A of the A.P. Panchayat Raj Act, 1994 before the competent District Court.
We are in full agreement with His Lordship. We think that the Hon’ble Trial Judge in exercise of discretion refused to entertain the writ petition. We are not going to substitute with that of ours.
We find that a decision has been taken by the Presiding Officer rightly or wrongly. Mr. M.S. Prasad, learned senior counsel, however contends that the points which are urged before us and not urged before the Presiding Officer, cannot be agitated before the District Judge since pure question of law is involved. We are not in agreement with his submission. We think that the learned District Judge is capable of deciding all the issues, whether on fact or in law, in accordance with law in this matter.
Therefore, time is granted till 19th January, 2015 enabling the appellants to approach the alternative forum. If any application for interim relief is made before the said forum, the forum will decide the same in accordance with law without being influenced by our order. We desire that the main application, if made within the time frame as aforesaid, will be decided positively within a period of three months from the date of its filing.
The writ appeal is accordingly disposed of. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 11-12-2014 Svv