* THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY + WRIT PETITION No.1407 of 2011 % DT.28.01.2011 # Samanthapudi Avatharam Raju …Petitioner Vs. $ The Government of Andhra Pradesh, rep.by its Secretary, Panchayat Raj and Rural Development, Secretariat, Hyderabad and others … Respondents ^ Counsel for the Petitioner: Sri A.V.Sesha Sai ! Counsel for respondent Nos.1, 3 & 4: AGP for Panchayat Raj Counsel for respondent No.2: Sri V.V.Prabhakar Rao Counsel for respondent Nos.5 & 6: Sri G.Elisha < Gist: > Head note: ? Cases referred: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.1407 of 2011 Dated 28th January, 2011 Between: Samanthapudi Avatharam Raju …Petitioner And The Government of Andhra Pradesh, rep.by its Secretary, Panchayat Raj and Rural Development, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri A.V.Sesha Sai Counsel for respondent Nos.1, 3 & 4: AGP for Panchayat Raj Counsel for respondent No.2: Sri V.V.Prabhakar Rao Counsel for respondent Nos.5 & 6: Sri G.Elisha The Court made the following: ORDER: This writ petition is filed for a mandamus to declare the action of the respondents in proceeding with the process of holding elections for the post of President of Mandal Praja Parishad, Palakol, West Godavari District (for short ‘the Mandal Praja Parishad’) in pursuance of notification No.20/SEC-B1/2010-61, dated 20.01.2011, issued by respondent No.2, without filling up the vacancy of Member of Mandal Parishad Territorial Constituency (MPTC), Lankala Koderu-1, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to fill up the vacancy of Member of MPTC, Lankala Koderu-1, before holding election to the office of the President of the Mandal Praja Parishad. I have heard Sri A.V.Sesha Sai, learned counsel for the petitioner, and perused the record. One Bodapati Pullayya Dasu was the elected President of the Mandal Praja Parishad. He died on 02.11.2010, as a result of which, vacancy in the Office of the President of the Mandal Praja Parishad arose and the petitioner being the Vice-President of the Mandal Praja Parishad is kept in-charge of the office of the President and he is continuing as such as of now. The vacancy in the office of the Member of MPTC, Velivela, which was held by the deceased, was filled up by holding election to the said office. But, on 06.01.2011, the Member of MPTC, Lankala Koderu-I, is stated to have submitted his resignation on health grounds. By the impugned proceedings, respondent No.2 has permitted Collectors and District Election Authorities, to hold elections to the casual vacancies of President of Mandal Parishads indicated in Annexure-I. Palkol is one of the two Mandal Parishads, in respect of which, the said notification was issued. In this writ petition, the only plea that has been raised by the petitioner is that without filling up the vacancy of Member of MPTC, Lankala Koderu-I, the respondents cannot hold election to the Office of the President of the Mandal Praja Parishad. At the hearing, the learned counsel for the petitioner has not brought to the notice of this Court any statutory provision, which bars holding of election to the Office of the President without filling up the vacancies in the office of the Members of MPTC. On the contrary, the learned counsel is fair in brining to this Court’s notice Rule 98 of the A.P.Panchayat Raj (Conduct of Elections) Rules, 2006, framed under G.O.Ms.No.142, Panchayat Raj and Rural Development (Elec. & Rules), dated 03.05.2006, under which, any casual vacancy of Member and Sarpanch of Gram Panchayat and Members of Mandal Parishad/Zilla Parishad shall be filled up within a period of one hundred and twenty days from the date of occurrence of such vacancy in accordance with the provisions of the Rules and orders made thereunder. In the absence of any stipulation that the election to the office of the President shall not be held without filling up of the casual vacancies coupled with Rule 98, which provides for a period of one hundred and twenty days for filling up casual vacancies, I do not find any merit in the plea of the petitioner that the proposal to hold election to the Office of the President of the Mandal Praja Parishad without filling up the casual vacancy is illegal. For the above-mentioned reasons, I do not find any merit in the writ petition and the same is accordingly dismissed. As a sequel to dismissal of the writ petition, W.P.M.P.No.1709 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 28th January, 2011 Note: LR copies to be marked. (b/o) VGB