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High Court for State of TelanganaWA/227/2007disposed of no costs

The Election Commission Of India Represented By Chief v. K.Satyanarayan Reddy,

2016-07-18Dilip B. Bhosale,A V Sesha Sai3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT APPEAL Nos. 226 & 227 OF 2007 Date: 18.07.2016 W.A.No.226 of 2007 Between:

The Election Commission of India Rep., by Chief Election Commissioner, New Delhi & others.

... Appellants And Edupally Rangayyappa Rao & others.

... Respondents

HON'BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT APPEAL Nos. 226 & 227 OF 2007 ORDER: (per the Hon'ble the Acting Chief Justice Dilip B. Bhosale) Heard learned counsel for the parties.

These writ appeals are pending since 2007. They are against the common order, dated 07.03.2007, passed in W.P.Nos.3321 and 3423 of 2007. In the writ petitions, the Memo, dated 15.02.2007, issued by the Chief Electoral Officer and E.O. Principal Secretary to Government in respect of M.L.C. elections is under challenge. Learned Single Judge allowed the writ petitions declaring that such of those petitioners whose names were included in the electoral rolls of any Assembly Constituency in the State, before the last date of filing of nominations, acquire the eligibility to file nominations.

Since the elections were conducted in 2006, we do not deem it proper to enter into and examine any legal questions raised by the appellants - Election Commission of India, now being academic in nature. We, therefore, dispose of these appeals keeping all questions of law and contentions of the parties, including maintainability of such writ petitions, open to be considered in appropriate proceedings. Miscellaneous petitions, if any, shall also stand disposed of. There shall be no order as to costs.

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DILIP B. BHOSALE, ACJ ________________________ A.V. SESHA SAI, J Date: 18.07.2016 ES