Malineedi Govinda Rao v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23378 of 2014 Dated : 09.07.2015 Between:

Malineedi Govinda Rao, S/o.Mallaiah, Aged about 54 yrs, Occu : Mandal Convenor & Whip of YSRCP, Ballikurava Mandal, R/o.Guntupalli, Ballikurava Mandal, Prakasam District.

.. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Panchayat Raj Department, Secretariat, Hyderabad & 6 others.

.. Respondents This Court made the following :

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23378 of 2014 ORDER :

This writ petition is filed seeking for declaration of the inaction of the 3rd

respondent in passing the orders on the show cause notice dated 07.07.2014 issued against the 6th respondent, for disobeying the Whip issued by the Convenor, YSRCP with reference to election to the post of President of Ballikurava Mandal Praja Parishad.

2. This Court by order dated 21.08.2014 directed the 3rd respondent to forthwith pass orders as to whether the 5th respondent is liable to be disqualified for acting against the whip issued by the YSRCP after consideration of the explanations submitted by the 6th respondent within one week from that date.

3. A vacate stay petition is filed on behalf of the 6th respondent. Along with the vacate petition, the proceedings of the presiding officer, Mandala Praja Parishad, Ballikurava Mandal, Prakasam District, dated 09.09.2014 is enclosed, wherein, the issue of disqualification was considered and the same was rejected. As noticed above, the relief sought in the writ petition was against the inaction of 3rd respondent in passing orders on the show cause notice dated 07.07.2014. Since the orders are already passed, the cause in the writ petition does not survive.

4. As submitted by the learned counsel for the petitioner, that aggrieved by the said orders, on 09.09.2014 a petition is filed in the District Court, Ongole, and the same is pending consideration.

5. Having regard to the above, the Writ Petition is closed as no further orders are necessary, leaving it open to the petitioner as well as party respondents, to work out their remedies, to raise all contentions as urged, in the petition pending before the District Court, Ongole. There shall be no order as to cost.

Miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

__________________ P.NAVEEN RAO,J 09th July, 2015.

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