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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4796 OF 2016

(Arising out of SLP ( C) N.1359 of 2015)

THOTA VENKATESWARA RAO                APPELLANT                                 VERSUS

THE STATE ELECTION COMMISSION AND  ORS.   RESPONDENTS WITH

CIVIL APPEAL NO.4797  OF 2016 (Arising out of SLP ( C) N.1504 of 2015)

WITH CIVIL APPEAL NO. 4798 OF 2016

(Arising out of SLP ( C) N.1429 of 2015) J U D G M E N T

KURIAN, J.

1. Leave granted. 2. The  appellants  are  aggrieved  by  the  Judgment  dated 11.12.2014  in  Writ  Appeal  Nos.1149  and  1150  of  2014  and judgment  dated  12.12.2014  in  W.P.  No.  29984  of  2014. Essentially the dispute pertains to the disqualification of the appellants in terms of Rule 6(8)(i) of the Andhra Pradesh Municipal  Rules,  2005.  In  the  course  of  hearing  of  the appeals, the Division Bench framed the following questions:

1. Whether  the  writ  petitioners  –  appellants belong to any recognized political party or not; 2. If not, whether the aforesaid mischief of law will be applicable; 3. Whether the ratio decided by this Court in the aforesaid judgments is applicable to these cases or not.

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3. According to the High Court, the Presiding Officer has failed to exercise his jurisdiction and hence, the matter has been remitted to the Officer to address the three questions.  

4. Question No.3 appears to be a question of law and once that question is answered, according to the appellants, there is hardly anything remains to be considered.  According to the learned  counsel,  the  question  of  law  is  covered  in  their favour  by  a  decision  of  the  Division  Bench  of  the  Andhra Pradesh in Writ Appeal No.1321/2005 reported in 2005(6) ALT 1(D.B.).

5. Having considered the rival contentions, we are of the view that the High Court should have addressed the question of law raised before it rather than referring it to the decision of the Presiding Officer in the election proceedings.

6. The learned counsel appearing on both sides also submit that  leaving  open  all  the  contentions,  the  matters  may  be remitted to the High Court. We  set  aside  the  impugned Judgment dated 11.12.2014 and direct the High Court to decide the  matters on  the questions  framed in  the  writ appeals. The   impugned  judgment dated  12.12.2014 in  W.P. No.29984 of 2014 is  also set  aside  and  the  matter  is  remitted to   the  High  Court  for  consideration  on  merits  on  the

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three questions formulated in writ appeals.  In terms of the order  passed  by   this  Court, the   stay  on  suspension of membership will continue in the meanwhile. 7. We make it clear that we have not considered the matters on merits and it will be open to both sides to raise all available contentions before the High Court. The High Court is requested  to  dispose  of  the  appeals  expeditiously  and preferably within a period of three months. 8. In view of the above observations and directions, appeals are disposed of.  No costs.

................J.      [KURIAN JOSEPH]

 ....................J.             [ROHINTON FALI NARIMAN]

NEW DELHI;   MAY 03, 2016

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