THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 16012 of 2010 Date: 07.07.2010 Between: V.Eswarayya, Ananthapur District. ..... PETITIONER AND The State Election Commission, Rep., by its Commissioner, Hyderabad and 2 others. .....RESPONDENTS THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 16012 of 2010 O R D E R : This writ petition is filed seeking a declaration that the action of the respondents in issuing the notification dated 26.06.2010 proposing to conduct elections to fill up casual vacancy to the Office of the Vice Chairperson, Kadiri Municipality, Kadiri, Ananthapur District as arbitrary and illegal. The petitioner claims to be a voter of Kadiri Municipality. It is not disputed that a casual vacancy arose to the office of the Vice Chairperson, Kaidiri Municipality and accordingly the impugned notification was issued proposing to conduct election to fill up the said vacancy. Pursuant thereto, the District Collector, Ananthapur vide proceedings dated 30.06.2010, having nominated the Revenue Divisional Officer, Penukonda as Presiding Officer, requested him to convene and conduct municipal meeting as per the procedure laid down under Section 46 of the A.P. Municipalities Act, 1965 (for short the “Act’). As per the Election Schedule issued by the 1st respondent the meeting has to be conducted on 07.07.2010 at 11.0 A.M. The only contention raised by the petitioner is that as the general elections for Municipality are scheduled to be held on 10.08.2010 and the vacancy occurred only a month ago, there was no need for issuing the impugned notification for conducting election for filling up the casual vacancy. It is to be noticed that Rule 8 of the Rules made in G.O.Ms.No.763, dated 19.08.2005, provides that every casual vacancy shall be filled up within a period of six months from the date of occurrence for such vacancy. The impugned notification is in accordance with the Rule 8 of the said Rules and even the procedure followed by the respondents is in terms of the statutory rules. It is also represented by Sri V.V. Prabhakar Rao, learned counsel appearing for the 1st respondent-State Election Commissioner that the election as proposed has already been conducted in the meeting convened today (07.07.2010) at 11.00 A.M. and the result has been declared. In the circumstances, interference by this Court is not warranted and accordingly, the Writ Petition is dismissed. No costs. ​ ____________ G. ROHINI, J Date: 07.07.2010 KLP