A single-judge Bench of the Andhra Pradesh High Court, comprising Justice D.V.S.S. Somayajulu, has dismissed the application of MLC G. Deepak Reddy seeking ex officio membership in the Tadipatri municipality.
Hearing the writ petition filed by Mr. Deepak Reddy on Wednesday, Mr. Justice Somayajulu turned down his request to allow him to become an ex officio member and exercise his franchise in the election of the chairperson and vice-chairperson of the municipality on March 18.
Advocate Dammalapati Srinivas argued that Mr. Deepak Reddy was a voter in the electoral rolls of the municipality, which would make him eligible to be ex officio member of the council, and that his candidature was wrongfully rejected.
Rule position
Appearing for the municipality, government pleader C. Sumon contended that Section 5(2)(iv)(a) of the A.P. Municipalities Act, 1965, states that an MLC can be an ex officio member of a municipal council only in such municipality where he is a registered voter on the date of filing of his nomination for membership of the Legislative Council.
But, as per the affidavit submitted by Mr. Deepak Reddy, at the time of filing his nomination for the Legislative Council, he had declared that he was enrolled as a voter in the Rayadurg municipality.
Further, in 2018, Mr. Deepak Reddy had attended two meetings of the Rayadurg municipality as its ex officio member and even signed in the attendance register.
“Mere transfer of his vote to Tadipatri does not entitle the MLC to become an ex officio member of the municipality concerned,” Mr. Sumon insisted.
