ORDER : ARUP KUMAR GOSWAMI, J. 1. We have heard Mr. P.V. Krishnaiah, learned counsel for the petitioner, Mr. N. Ashwani Kumar, learned counsel for respondents 1 and 5 and Mr. S. Sriram, learned Advocate General for respondents 2 to 4. 2. By filing this Writ Petition (P.I.L.), the petitioner has questioned the 1st action of the respondent in conducting elections for various Municipalities and Municipal Corporations in the State of Andhra Pradesh. 3. It is to be noted, at the outset, that elections are due to be conducted tomorrow, i.e. 10.03.2021 and this Writ Petition (P.I.L.) was filed on 05.03.2021. 4. Mr. P.V. Krishnaiah has drawn our pointed attention to paragraph 316.4 of the judgment dated 29.05.2020 passed by this Court in W.P.No.8163 of 2020 and batch and contends that when this Court had specifically laid down that the State Election Commissioner cannot function for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities and the Municipal Corporations, the Notification issued by the st respondent cannot stand scrutiny for a moment and, therefore, by way of interim measure, this Court may stay the elections to be conducted, by suspending the Notifications issued for the above purpose. 5. Mr. S. Sriram, learned Advocate General, appearing for respondents 2 to 4, on the other hand, contends that reliance placed on paragraph 316.4 by the learned counsel for the petitioner, is misconceived as the same is relatable to the State Election Commissioner who was appointed by Notification dated 11.04.2020 on cessation of tenure of the incumbent State Election Commissioner, who is arrayed as respondent No.5 herein, and paragraph 318 of the aforesaid judgment makes it abundantly clear that respondent No.5 herein is competent to hold elections. 6. Similar submission is advanced by Mr. N. Ashwani Kumar, learned counsel for respondents 1 and 5. 7. It will be relevant to take note of paragraph 2 of the judgment dated 29.05.2020 rendered in W.P.No.8163 of 2020 and batch, to understand the challenges made in the aforesaid cases. 8. A perusal of paragraph 2 goes to show that challenge was made to Ordinance No.5 of 2020, i.e. Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2020 dated 10.04.2020, promulgated by the Governor of Andhra Pradesh, substituting Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994. 8. A perusal of paragraph 2 goes to show that challenge was made to Ordinance No.5 of 2020, i.e. Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2020 dated 10.04.2020, promulgated by the Governor of Andhra Pradesh, substituting Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994. Further challenge was made to G.O.Ms.No.617 of Panchayat Raj and Rural Development (E&R) Department, dated 10.04.2020, by which the Andhra Pradesh Panchayat Raj (Salaries and Allowances, Conditions of Service, Tenure of State Election Commissioner) Rules, 2020 were notified replacing the existing Andhra Pradesh Panchayat Raj (Salaries and Allowances and Conditions of Service of State Election Commissioner) Rules, 1994. The consequential notification in G.O.Ms.No.618, Panchayat Raj and Rural Development (E&R) Department, dated 10.04.2020, directing that the incumbent State Election Commissioner (for short, ‘the SEC’) Dr. N.Ramesh Kumar, ceases to hold office prior to completion of the tenure, and another G.O.Ms.No.619, Panchayat Raj and Rural Development (E&R) Department, dated 11.04.2020, appointing Justice V. Kanagaraj, Retired Judge of the High Court of Madras, as SEC of Andhra Pradesh, for a period of three years from the date of assumption of office, in consequence to cessation of office by Dr. N. Ramesh Kumar have also been assailed. 9. Paragraph 316.4, which is the foundation of the case of the petitioner, reads as follows: “316.4] The State Election Commissioner appointed in exercise of powers under Section 200 of the A.P. Panchayat Raj Act, 1994 cannot function for superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities and the Municipal Corporations. The appointment must be made by the Governor in exercise of the power under Article 243K of the Constitution of India.” 10. It will be apposite to extract relevant portion of G.O.Ms.No.619 dated 11.04.2020, by which Justice V. Kanagaraj, Retired Judge of the High Court of Madras, was appointed as the State Election Commissioner. The same reads as under: “…In terms of Ordinance No. 5 of 2020, dated.10-04-2020, and consequent on cessation of tenure of the incumbent State Election Commissioner, and in terms of amended Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994, I, Biswa Bhusan Harichandan, Governor of Andhra Pradesh hereby appoint Sri Justice V.Kanagaraj, Retired High Court Judge, as the State Election Commissioner for a tenure of three years from the date of assumption of office.” 11. It will also be expedient to extract relevant portion of G.O.Ms.No.11 dated 30.01.2016, by which respondent No.5 herein was appointed as State Election Commissioner. The same reads as under: “…In exercise of the powers conferred on me under Article 243 K of the Constitution of India read with Sub-Section (2) of Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994, I, E.S.L. Narasimhan, Governor of Andhra Pradesh hereby appoint Dr.N.Ramesh Kumar, IAS, as State Election Commissioner for a period of five years from the date of assumption of office.” 12. A perusal of the above two notifications would go to show that while Justice V. Kanagaraj, Retired Judge of the High Court of Madras, was appointed in terms of Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994, respondent No.5 herein was appointed by the Governor of Andhra Pradesh, in exercise of powers under Article 243 K of the Constitution of India read with Sub-Section (2) of Section 200 of the Andhra Pradesh Panchayat Raj Act, 1994. In view of the above, having regard to the contents of paragraph 316.4 of the judgment dated 29.05.2020 in W.P.No.8163 of 2020 and batch, on which reliance has been placed by Mr.P.V. Krishnaiah, we are inclined to accept the submission of the learned Advocate General that same is not relatable to respondent No.5, i.e., the present incumbent State Election Commissioner. 13. This Court while disposing of W.P.No.8163 of 2020 and batch, directed as follows: “317. While allowing W.P.No.8163 of 2020, the promulgated Ordinance No.5 of 2020 dated 10.04.2020 and the consequential Rules i.e., the Andhra Pradesh Panchayat Raj (Salaries and Allowances, Conditions of Service, Tenure of State Election Commissioner) Rules, 2020 notified vide G.O.Ms.No.617 dated 10.04.2020 and the Notification to cease to hold the office of State Election Commissioner by Dr.N.Ramesh Kumar (Mr.A) vide G.O.Ms.No.618 dated 10.04.2020 as well as the Notification of appointment of Justice V.Kanagaraj (Mr.B) as State Election Commissioner vide G.O.Ms.No.619 dated 11.04.2020 are hereby set-aside. 318. The Respondent-State is directed to restore the position of Dr.N.Ramesh Kumar as State Election Commissioner and allow him to continue in the office until completion of the tenure as notified vide G.O.Ms.No.11 dated 30.01.2016. He is also entitled for all consequential benefits.” 14. 318. The Respondent-State is directed to restore the position of Dr.N.Ramesh Kumar as State Election Commissioner and allow him to continue in the office until completion of the tenure as notified vide G.O.Ms.No.11 dated 30.01.2016. He is also entitled for all consequential benefits.” 14. A perusal of the above paragraphs go to show that having set aside the Ordinance and the consequential Notifications, position of the present State Election Commissioner, i.e., the respondent No.5 herein, was restored and he was allowed to continue in the office until completion of his tenure, as notified by G.O.Ms.No.11 dated 30.01.2016. 15. Having regard to the aforesaid directions, we are of the considered opinion that contention of the learned counsel for the petitioner that respondent No.5 herein, i.e., the present incumbent State Election Commissioner is disqualified by this Court to hold elections to Municipalities and Municipal Corporations in the State of Andhra Pradesh, is unfounded. 16. Consequently, this Writ Petition (P.I.L.) is dismissed. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.