Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1994: s. 22-A - Respondent no. 1 appointed as whip on behalf of TOP in respect to election to the office of Chairperson and Vice- Chairperson of ZPP - Respondent no. 1 then issued a whip. directing all ZPTC members beionging to TOP to vote in favour of one 'M' for office of Chairperson and one 'P' for office of Vice-Chairperson of ZPP - Election was conducted and appellant contested election as independent candidate and cast his vote in his own favour-Appellant was ndhra Pradesh Panchayat Raj Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Andhra Pradesh Panchayat Raj Act, 1994: s.22-A - Respondent no.1 appointed as whip on behalf of TDP in respect to election to the office of Chairperson and Vice- Chairperson of ZPP — Respondent no.1 then issued a whip. directing all ZPTC members belonging to TDP to vote in favour of one ‘M’ for office of Chairperson and one ‘P’ for office of Vice-Chairperson of ZPP — Election was conducted and appellant contested election as independent candidate and cast his vote in his own favour~ Appellant was then elected as Chairperson defeating the candidate proposed by TDP — Complaint by respondent no.1 against appellant before District Collector alleging that he violated the whips issued by TDP — District Collector disqualified the appellant as member of ZPTC and directed him to vacate the office of Chairperson — CEO directed Vice-Chairperson to temporarily take over charge of the office of Chairperson until a new Chairperson is duly elected — High Court suspended the order of CEO — By interim order, Division Bench directed Vice-Chairperson to discharge the functions of the Chairperson until further orders and further restrained the respondents from filling up the vacancy of Chairperson and also: directed District Judge to decide the pending election petitions within 3 months ~ Propriety of interim order — Held: The impugned order of the Division Bench in directing removal of the appellant from the post of Chairperson and asking the Vice-Chairperson to take over the charge of the Chairperson in his place is not only untenable in law but also perverse — Division Bench failed to see that so long as the final adjudication is not done in accordance with law on merits in the election petitions, the District Court was vested with the power to pass appropriate interim orders in relation to the impugned action u/s.22-A of the Act — Interim order - Code of Civil Procedure, 1908 — Or.39 rr. 1 and 2; Or.474r.5. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2015 INSC 663 |
Petitioner | Edara Haribabu |
Respondent | Tulluri Venkata Narasimham & Ors. |
SCR | [2015] 12 S.C.R. 773 |
Judgement Date | 2015-09-15 |
Case Number | 7115 |
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