Chief Commissioner Of Land Administration v. Desaraju Arunchandra
2024-03-28
G.NARENDAR, NYAPATHY VIJAY
body2024
DigiLaw.ai
JUDGMENT : 1. Heard learned Counsels for both the parties. 2. The writ appeals came to be directed against the common order dated 23.02.2024 passed in I.A.No.1 of 2024 in W.P.Nos.14051 and 14038 of 2023 by the learned Single Judge, whereunder the appellant has sought for certain modifications in the order. The said applications came to be disposed of by the following order: “I.A.No.1 of 2024 in W.P.No.14051 of 2023 and I.A.No.1 of 2024 in W.P.No.14038 of 2023 (For Modification) 6. The prayer sought in I.A.No.1 of 2024 in W.P.No.14051 of 2023 is as under: “For the reasons stated above it is therefore prayed that this Hon’ble Court may be pleased to modify the interim orders in W.P.No.14051/2023, dated 16-06-2023 in terms of orders dated 11-05-2023 in W.P.No.12824/2023 and pass such order or orders in the interest of justice.” 7. In the material papers filed along with these I.As, there is a Counter Affidavit. The last two paragraphs in the Counter Affidavit referred to the requirement for modification for providing Officials for conduct of Election and prayer for modification. Therefore, this Court would read the averments in this Counter Affidavit for consideration of this Application for modification. The last two paragraphs of the said Counter Affidavit read as under: 9. It is respectfully submitted that, the Chief Electoral Officer, Andhra Pradesh while communicating the guidelines issued by the Election Commission of India vide ECI, New Delhi, Lr.No.23/2023-ERS(Vol.III), Dt.26.12.2023 has issued instructions to complete the exercise of transfer of officers connected directly with election works as early as possible so as to furnish compliance report to the Commissioner by last week of January, 2024 as desired by the Commission. In this regard, the Tahsildars who acts as AEROs holds crucial responsibilities in the General Elections 2024. Due to lack of sufficient Tahsildars, the District Authorities are facing huge inconvenience for smooth running of Revenue Administration and are unable to comply with the guidelines formulated by the Election Commission and the same may jeopardize the very process of conducting the ensuing general elections for Parliament and the State Assembly. 10. Therefore, it is prayed that the Hon’ble Court may be pleased to modify the Interim order in W.P.No.14051 of 2023 dated 16.06.2023 in terms of orders dated 11.05.2023 in Writ Petition No.12824 of 2023 and pass such other order (or) orders in the interest of Justice.” 8.
10. Therefore, it is prayed that the Hon’ble Court may be pleased to modify the Interim order in W.P.No.14051 of 2023 dated 16.06.2023 in terms of orders dated 11.05.2023 in Writ Petition No.12824 of 2023 and pass such other order (or) orders in the interest of Justice.” 8. A mention was made by Sri G.V.S. Kishore Kumar, Learned Government Pleader for urgent listing of these Applications in order to meet with the administrative exigency in view of the ensuing elections for the Parliament and the State Legislature. 9. The Learned Government Pleader has taken this Court through the correspondence between the Chief Electoral Officer, Andhra Pradesh and the Government. Learned Government Pleader has drawn the attention of this Court to a Memo bearing Memo.No.1284/Elecs.A/A1/2023-2, dated 01.01.2024 to submit that several Tahsildars are required to be supplied for the Election duties to the Election Commission and that by the operation of the Interim Order of this Court dated 16.06.2023, the Official Respondents are unable to meet with the requirements as sought by the Chief Electoral Officer. He would submit that the existing Tahsildars are inadequate for meeting with the current requirements. Therefore, it is urged by the Learned Government Pleader to modify the Interim Order to enable the Government to appoint the adequate number of Tahsildars for Election duties. 10. This Application is stoutly opposed by the Learned Senior Counsel representing the Writ Petitioners. They have submitted that the requirement of Tahsildars as projected by the Official Respondents, is not true and that this Application is only a subterfuge to achieve something which the Applicant State could not directly achieve. They would submit that the obligation on the part of the Government to make available sufficient number of Officers at the District level is not only limited to the rank of Tahsildars but also several other District Level Rank Officers from other Departments. 11. Sri C.V. Mohan Reddy, Learned Senior Counsel appearing on behalf of the Applicants in I.A.No.2 of 2024 (Impleadment Application) has drawn the attention of this Court to the Proceedings of the Election Commission of India bearing No.464/INST/EPS/2023(Appoint. of DEO, RO) dated 26.06.2023 (Ex.R.11 in I.A.No.2 of 2024 in W.P.No.14038 of 2023).
11. Sri C.V. Mohan Reddy, Learned Senior Counsel appearing on behalf of the Applicants in I.A.No.2 of 2024 (Impleadment Application) has drawn the attention of this Court to the Proceedings of the Election Commission of India bearing No.464/INST/EPS/2023(Appoint. of DEO, RO) dated 26.06.2023 (Ex.R.11 in I.A.No.2 of 2024 in W.P.No.14038 of 2023). Learned Senior Counsel has drawn the attention of this Court to Para No.2 (VI) of the said Proceeding to indicate that the Tahsildars alone is not a cadre which is assigned to the election duties and that there are several other Officers working in various other Departments of equivalent rank who would also be assigned to the election duties. Learned Senior Counsel has also drawn the attention of this Court to Clause-(b) of Para No.2 (VI), which reads as under: “2(VI)(b): The Tahsildars, Block Development Officers, Municipal Officers or equivalent rank Officers alone should be designated as Assistant Returning Officers.” 12. Therefore, the Learned Senior Counsel would submit that the Government is free to appoint any Officer in other Departments, as mentioned in the Proceedings of the Election Commission of India dated 26.06.2023 as Assistant Returning Officers. He would therefore also submit that under these circumstances, the Interim Order dated 16.06.2023 may not be modified. 13. Sri B. Adinarayana Rao, Learned Senior Counsel and Sri M. Vijay Kumar, Learned Senior Counsel appearing for the Writ Petitioners would submit that the requirement of Tahsildars, as projected by the Official Respondents, is only a camouflage. The actual requirement of Assistant Returning Officers has already been fulfilled by appointing the present Tahsildars. They would submit that there is a small shortfall in the number of Assistant Returning Officers appointed from the Tahsildar Cadre and that can be supplemented by appointing other equivalent Officers from other Departments. Sri Ravichandran, Learned Counsel for the Writ Petitioner in W.P.No.14038 of 2023 would also support the version of the Learned Senior Counsel. 14. Sri B. Adinarayana Rao, Learned Senior Counsel has furnished the Proceedings of the Chief Electoral Officer, Andhra Pradesh bearing Memo No.2389/Elecs.D/A1/2023, dated 06.02.2024. He would submit that the number of Tahsildars who were appointed as Assistant Returning Officers are sufficient except the shortfall of about eight persons. He would also submit that this shortfall can be met by appointing the Officers of equivalent rank from other Departments. 15.
He would submit that the number of Tahsildars who were appointed as Assistant Returning Officers are sufficient except the shortfall of about eight persons. He would also submit that this shortfall can be met by appointing the Officers of equivalent rank from other Departments. 15. Several submissions were made by the Learned Counsel appearing for the Unofficial Respondents namely Sri J. Sudheer, Learned Counsel, touching upon the merits as a justification for modifying the Interim Order. 16. However, having regard to the facts and circumstances of the case, this Court is not inclined to consider any submission on merits of the matter while dealing with the present Application for Modification. This Court would only consider the issue whether there is any shortage of Officers in the Tahsildars’ Cadre for conduct of Elections. 17. Sri G.V.S. Kishore Kumar, Learned Government Pleader for Services-I appearing for the Official Respondents has also submitted the latest allocation vide Memo dated 21.02.2024. The total number of Officers who have been posted as Assistant Election Returning Officers for Assembly Constituencies are 798. 18. Having considered the facts and figures of the Tahsildars’ Cadre and also the Proceedings of the Election Commission of India dated 26.06.2023 (Ex.R.11) in I.A.No.2 of 2024 in W.P.No.14038 of 2023, this Court is of the opinion that the bare minimum shortfall of Assistant Returning Officers can be augmented by the State by appointing Officers of equivalent rank from Block Development Office, Municipalities and Municipal Corporations as per Proceedings dated 26.06.2023 (Ex.R.11) in I.A.No.2 of 2024 in W.P.No.14038 of 2023). 19. In this view of the matter, there is no merit in these Applications. Hence, this Court is not inclined to modify the earlier Interim Order dated 16.06.2023. 20. Accordingly, the Applications for Modification bearing I.A.No.1 of 2024 in W.P.No.14051 of 2023 and I.A.No.1 of 2024 in W.P.No.14038 of 2023 are dismissed. 3. Aggrieved by the same, W.A.Nos.222 & 223 of 2024 were preferred and they came to be disposed of by a common judgment dated 04.03.2024 with the following directions: “13.
20. Accordingly, the Applications for Modification bearing I.A.No.1 of 2024 in W.P.No.14051 of 2023 and I.A.No.1 of 2024 in W.P.No.14038 of 2023 are dismissed. 3. Aggrieved by the same, W.A.Nos.222 & 223 of 2024 were preferred and they came to be disposed of by a common judgment dated 04.03.2024 with the following directions: “13. Accordingly, the impugned common order of the learned Single Judge is set aside and the application in I.A.No.1 of 2024 in both the Writ Petitions are allowed in part in the following terms: (a) Both the Writ Appeals are allowed; (b) the impugned common order passed by the learned Single Judge is hereby set aside; (c) It is made clear that this order of transfer which is challenged by the writ petitioners before the learned Single Judge is in the nature of deputation and deputation comes to an end the moment the results of the elections are announced. Consequently, the deputationists would be reverted back to their original organization (previous post held by them) without any order from the State Government; and (d) parties to bear their own costs” 4. Thereafter, these instant applications are made stating that the modification permitted by this Court under the orders of the writ appeals do not completely enable the appellants/petitioners to comply with the directions that may be issued by the Election Commissioner. 5. The crux of the application can be gathered from para 7 of the affidavit filed in support of these applications. It is not in dispute that the Model Code of Conduct of the Elections has set in with the publication of the notification dated 16.03.2024. The order disposing of the writ appeals has set out in detail the scope and ambit of the powers of the Election Commission. 6. In that view of the matter, as the Model Code of Conduct having kicked in, we are of the opinion that it would be appropriate for the appellants to approach the Chief Election Commissioner, State of Andhra Pradesh seeking clarifications regarding postings or promotions that may be required to fill the Offices necessary for the smooth conduct of the Elections. 7. With the above clarification, both these applications shall stand disposed of.