THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No.1427 of 2014
DATED:12.12.2014 Between:
Perumalla Venkata Rao, Visakhapatnam and others.
And The State Election Commission, Represented by its Secretary, Secunderabad and others.
… Appellants ….Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR
Writ Appeal No. 1427 of 2014
Judgment: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta)
Mr. M.S.Prasad, learned Senior Counsel appearing for the appellants, on instructions states that he does not want to press this appeal. However, he submits that we should give some time to his clients to approach the alternative fourm as observed by the learned trial Judge. He beseeches that we should also give some interim protection to his clients to enable them to approach the alternative forum in the meanwhile.
Appreciating his submission, it will be open for the appellants to approach the appropriate forum, if so advised, as observed by the learned trial Judge. In order to enable them to do so, we pass an order of injunction restraining the official respondents from taking any further steps for holding any election to fill up the resultant casual vacancies. This interim order shall continue till 19.1.2015. On expiry of this interim order on 19.1.2015, the effect of our order stands extinguished. However, thereafter, it would be open for the appellants to approach the District Court for interim relief, as may be advised. We observe that if such an approach is made, the learned District Judge will not be influenced and swayed by our order of granting interim relief and will come to a conclusion independently.
The writ appeal is accordingly dismissed.
Consequently, the miscellaneous applications, if any pending, shall also stand closed. No order as to costs.
K.J. SENGUPTA, CJ 12th December, 2014 Pnb SANJAY KUMAR, J