Amaraneni Venkata Rao v. Gadde Muralidhara Rao

THE HON'BLE SRI JUSTICE A.V. SESHA SAI CIVIL REVISION PETITION No.4332 OF 2015 ORDER:

This Revision is filed under Article 227 of the Constitution of India praying for expeditious disposal of the Election Petition E.O.P.No.2 of 2013 on the file of the Election Tribunal under the AP Panchayat Raj Act, (Principal Junior Civil Judge) at Addanki, Prakasam District.

2. Heard Sri M.S.N.Prasad, learned counsel, appearing for the petitioner, Sri V.Hanumantha Rao, learned counsel, appearing for the 1st respondent and Sri G.Seshadri, learned counsel appearing for the 4th respondent.

3. Election petitioner in E.O.P.No.2 of 2013 is the petitioner in this Revision. It is stated by the learned counsel for the petitioner herein that despite filing of Affidavit in Chief as long back as on 04.08.2014, no efforts are being made by the Court below for disposal of the Election petition in E.O.P.No.2 of 2013 on the ground of pendency of I.A. under Order 7 Rule 11 of the Code of Civil Procedure (herein after, 'CPC'). It is also the submission of the learned counsel for the petitioner that in I.A.No.2197 of 2014 filed by the respondent under Order 7 Rule 11 of the CPC, petitioner herein already filed counter on 01.12.2014.

It is also further submitted by the learned counsel for the petitioner that despite the guidelines of the Hon'ble Apex Court for disposal of the Election Petitions within six months, the Court below is not passing any orders. The relief sought in the present Revision is not opposed by the respondents also. On the otherhand, it is submitted by the learned counsel for the respondents that they have absolutely no objection for a direction to the Court below for disposal of the I.A. as well as the main O.P.

4. In view of the above reasons and having regard to the nature of controversy, Revision is disposed of, directing the Court below to dispose of I.A.No.2197 of 2014 within a period of three months from the date of receipt of a copy of this order. The Court below shall also make an endeavour to expedite the disposal of the main O.P. basing on the outcome of I.A.No.2197 of 2014, as expeditiously as possible.

5. Miscellaneous petitions pending consideration, if any, in the Revision Petition shall stand closed in consequence. No order as to costs. __________________ A.V.SESHA SAI, J 20th November, 2015 SS