EDARA HARIBABU versus TULLURI VENKATA NARASIMHAM & ORS.

EDARA HARIBABU versus TULLURI VENKATA NARASIMHAM & ORS.

The Division Bench's order, removing the appellant from the post of Chairperson during pendency of election petitions and asking Vice-Chairperson to discharge the functions, was legally unsustainable and perverse. The District Court and Single Judge were empowered to grant interim relief, and the effect of suspended disqualification orders meant appellant could assume office pending final adjudication. Once implemented, subsequent restraining or removal by interim order lacked justification.

Parties
Appellant: Edara Hari Babu; Respondent: Tulluri Venkata Narasimham; Respondent: State Election Commission; Respondent: District Collector-cum-Presiding Officer, Prakasam District; Respondent: Chief Executive Officer, ZPP Ongole
Jurisdiction
India
Judgment Date
15 September 2015
Procedural Posture
Civil Appeal / Appeal Against Interim Orders
Outcome
appeals allowed
Legal Topics
Disqualification of Elected Members, Issuance and Validity of Political Whips, Interim Injunctions, Judicial Powers During Pendency of Election Petitions
Election Law Administrative Law Disqualification of Elected Members Issuance and Validity of Political Whips Interim Injunctions Judicial Powers During Pendency of Election Petitions

Case Brief

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Parties

Edara Hari Babu

Appellant

Tulluri Venkata Narasimham

Respondent

State Election Commission

Respondent

District Collector-cum-Presiding Officer, Prakasam District

Respondent

Chief Executive Officer, ZPP Ongole

Respondent

Procedural Posture

Civil Appeal / Appeal Against Interim Orders

Legal Issues

  1. 1 Whether the Division Bench of the High Court was legally justified in directing removal of the appellant from the post of Chairperson during pendency of election petitions
  2. 2 Whether the District Court or High Court had power to grant interim orders restraining execution of impugned actions under Andhra Pradesh Panchayat Raj Act, 1994
  3. 3 Effect of suspension orders on disqualification and office assumption

Ratio Decidendi

The Division Bench's order, removing the appellant from the post of Chairperson during pendency of election petitions and asking Vice-Chairperson to discharge the functions, was legally unsustainable and perverse. The District Court and Single Judge were empowered to grant interim relief, and the effect of suspended disqualification orders meant appellant could assume office pending final adjudication. Once implemented, subsequent restraining or removal by interim order lacked justification.

Court Disposition

appeals allowed

Orders

  • Impugned order of Division Bench is set aside.
  • Appellant restored as Chairperson of ZPP, Prakasam District.