B.C Janardhan Reddy vs Election Commission Of India, Rep. By Its Chief Election Commissioner, Nirvachan Sadan & 4 Others

Ninala Jayasurya, J

Heard learned counsel for the petitioner. Also heard Mr.D. Satya Siva Darshan, learned Standing Counsel appearing on behalf of the respondents 1 to 4. Notice to respondent No.5 is deemed not necessary as the matter is being disposed of in the light of the communication dated 18.03.2024 addressed by the 4th respondent to the learned Standing Counsel, which is placed for perusal of this Court.

The Writ Petition is filed seeking to declare the action of the respondents particularly respondents 2 to 4 herein in not transferring the 5th respondent who has completed/served more than 16 years of service in the district more particularly within the Banaganapalli Mandal of Nandyal District as Extension Officer, Panchayat Raj and Rural Development Department [E.O.R.D] as illegal, arbitrary, etc., and for consequential directions.

The learned counsel for the petitioner made submissions with reference to the averments made in the affidavit filed in support of the Writ Petition.

On consideration of the submissions made and the relief sought for in the Writ Petition, the grievance of the petitioner appears to be with regard to inaction on the part of the 4th respondent in transferring respondent No.5 stated to have been appointed as Panchayat Secretary at Banaganapalli Gram Panchayat and worked as Personal Assistant (PA) to the Ex-MLA from 2009-2014 and alleged to be active follower of a political party. Ventilating the grievances, the petitioner made a representation on 21.02.2024 and alleging inaction, the present Writ Petition is filed.

The submissions made by the learned counsel for the petitioner need not be examined in detail, in the light of the above referred communication dated 18.03.2024, the relevant portion of which reads as follows:

“I submit that in the reference 2d cited, the Chief Executive Officer, Zilla Praja Parishad, Kurnool has informed that Sri.a.Siva Ramaiah, E.O.R.D of Banaganapalli has been withheld from the post of M.P.D.O, FAC and relieved on 13.02.2024.

I further submit that, in the reference 3" cited, the District Gram Panchayath Officer, Nandyal has informed that Sri.A.Siva Ramaiah, E.O.R.D of Banaganapalli has been deputed to work in Kothapalli Mandal of Atmakur Division, Nandyal District. He has not been assigned as Sectorial Officer and any other Election duties.

With regard to the allegation that Sri.A.Siva Ramaiah was involved in a Criminal case registered by the Anti-Corruption Bureau, I submit that the case was finalized against him and the Government has imposed Punishment withholding of Two increments without cumulative effect vide G.O.Ms.No.267 PR&RD (Vig.IV) Dept., Dated: 16.03.2016.”

As seen from the above referred communication, it would appear that the 5th respondent is not assigned with any election duties and the petitioner cannot have any apprehensions. However, if a fresh cause with reference to the actions of the 5th respondent by virtue of his position arises, it is open to the petitioner to make appropriate representation to the concerned authorities, in the event of which, the same shall be dealt with in accordance with law.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all pending applications shall stand closed.