THOTA VENKATESWARA RAO Vs. THE STATE ELECTION COMMISSION AND ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 4796 of 2016, Judgment Date: May 03, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO. 4796 OF 2016
                  (Arising out of SLP ( C) N.1359 of 2015)


THOTA VENKATESWARA RAO                                            APPELLANT

                                VERSUS

THE STATE ELECTION COMMISSION AND  ORS.                         RESPONDENTS
                                    WITH
                        CIVIL APPEAL NO.4797  OF 2016
                  (Arising out of SLP ( C) N.1504 of 2015)

                                    WITH
                        CIVIL APPEAL NO. 4798 OF 2016
                  (Arising out of SLP ( C) N.1429 of 2015)

                               J U D G M E N T

      KURIAN, J.


      1.    Leave granted.

      2.    The appellants are aggrieved by the  Judgment  dated  11.12.2014
in Writ Appeal Nos.1149 and 1150 of 2014 and judgment  dated  12.12.2014  in
W.P.  No.  29984  of  2014.   Essentially  the  dispute  pertains   to   the
disqualification of the appellants in terms of Rule 6(8)(i)  of  the  Andhra
Pradesh Municipal Rules, 2005. In the course of hearing of the appeals,  the
Division Bench framed the following questions:
1.    Whether the writ petitioners – appellants  belong  to  any  recognized
political party or not;

2.    If not, whether the aforesaid mischief of law will be applicable;

3.    Whether the ratio decided by this Court in the aforesaid judgments  is
applicable to these cases or not.

3.    According to the High Court,  the  Presiding  Officer  has  failed  to
exercise his jurisdiction and hence, the matter has  been  remitted  to  the
Officer to address the three questions.

4.    Question No.3 appears to be a question of law and once  that  question
is answered, according to the appellants, there is hardly  anything  remains
to be considered.  According to the learned counsel, the question of law  is
covered in their favour by a decision of the Division Bench  of  the  Andhra
Pradesh in Writ Appeal No.1321/2005 reported in 2005(6) ALT 1(D.B.).

      5.    Having considered the rival contentions,  we  are  of  the  view
that the High Court should have addressed the question of law raised  before
it rather than referring it to the decision of the Presiding Officer in  the
election proceedings.

6.    The learned counsel appearing on both sides also submit  that  leaving
open all the contentions, the matters may be remitted  to  the  High  Court.
We set aside the impugned Judgment dated  11.12.2014  and  direct  the  High
Court to decide the   matters  on   the  questions   framed  in   the   writ
appeals.  The   impugned  judgment dated  12.12.2014 in   W.P.  No.29984  of
2014 is  also set  aside  and  the  matter  is   remitted   to    the   High
Court  for  consideration  on  merits  on  the

three questions formulated in writ appeals.  In terms of the  order   passed
by   this  Court, the   stay  on  suspension of
membership will continue in the meanwhile.
7.    We make it clear that we have not considered  the  matters  on  merits
and it will be open to both sides to raise all available contentions  before
the High Court. The High Court  is  requested  to  dispose  of  the  appeals
expeditiously and preferably within a period of three months.
      8.    In view  of  the  above  observations  and  directions,  appeals
are disposed of.  No costs.

                                                          ................J.
                                                             [KURIAN JOSEPH]



                                                      ....................J.
                                                     [ROHINTON FALI NARIMAN]
 NEW DELHI;
  MAY 03, 2016