VIJAYAWADA: The AP high court on Friday stayed part of the single judge order on MPTC and ZPTC elections. The division bench of the high court headed by Chief Justice Arup Kumar Goswami and Justice Ninala Jayasurya stayed the direction to issue a re-notification for conducting elections.
However, the high court clarified that the order given by the single judge cancelling the elections and not to announce results will be in force pending disposal of the present petition.
The State Election Commission (SEC) moved the high court challenging the single judge order given in the petitions filed by Jana Sena and a TDP functionary, Varla Ramaiah.
The high court had earlier cancelled the elections to MPTC and ZPTCs as they were not conducted in accordance with the Supreme Court directions.
Arguing on behalf of the SEC, senior counsel S Niranjan Reddy said that the single judge erred in disposing two petitions.
The high court had earlier cancelled the elections to MPTC and ZPTCs as they were not conducted in accordance with the Supreme Court directions
High court upholds cancellation of elections
He said that the petition filed by Jana Sena sought fresh notification for the elections and the petition filed by Varla Ramaiah was contending the election notification as it was not in accordance with the Supreme Court judgement.
The single judge in a common order, dismissed the petition filed by Varla Ramaiah and allowed Jana Sena petition, citing that the election was not in accordance with the apex court order.
Niranjan Reddy argued that the order was in contradiction with itself as on one hand the petition in which the main prayer was that of non-compliance of Supreme Court order has been dismissed and allowed other petition based on the same ground but has no mention in the prayer.
The counsel for Jana Sena, V Venugopala Rao, told the bench that during the arguments before the single judge, he had brought to the notice of the court about non-compliance of Supreme Court order and the same was recorded by the court.
The bench observed that the matter requires deeper examination of records and posted the matter for further hearing on July 27. The bench stayed the single judge order on issuing a fresh notification to conduct elections while upholding the cancellation of elections till further orders.
