High Court of Andhra Pradesh Sets Aside Interim Order in Municipal Delimitation Case Due to Lack of Justification. Interim order restraining delimitation of wards was found unjustified as it did not infringe upon any vested rights or violate statutory provisions.

High Court: Andhra Pradesh High Court In Favour of Accused
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Case Note & Summary

The dispute arose from a writ appeal filed by the State of Andhra Pradesh against an interim order that restrained the Greater Visakhapatnam Municipal Corporation from proceeding with a preliminary notification for delimitation of wards. The writ petitioners had challenged the delimitation process initiated despite a ban due to ongoing Census 2027 operations, claiming it was illegal and violated their constitutional rights. The learned Single Bench had granted interim relief, leading to the present appeal. The Advocate General argued that the delimitation was an internal electoral exercise that did not affect the census operations or alter the municipal boundaries. The court noted that the delimitation process was necessary for equitable representation and did not infringe upon any vested rights of the petitioners. The court found that the interim order was not warranted as the delimitation did not violate any statutory provisions or constitutional rights. Ultimately, the court set aside the interim order and directed the learned Single Bench to expedite the matter, clarifying that no opinion on the merits of the case was expressed. The appeal was disposed of without costs.

Headnote

A) Constitutional Law - Delimitation of Wards - Interim Relief - Writ Appeal against interim order restraining delimitation of wards - Constitution of India, Articles 14, 19, 21 - Court held that the delimitation exercise does not alter territorial limits and is within the powers of the State Government, thus setting aside the interim order. (Paras 26-28)

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Issue of Consideration

Whether the interim order restraining the Greater Visakhapatnam Municipal Corporation from proceeding with the preliminary notification for delimitation of wards was justified.

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Final Decision

The court set aside the interim order dated 29.05.2026 and directed the learned Single Bench to expedite the matter, clarifying that no opinion on the merits was expressed.

Law Points

  • Interim relief
  • delimitation of wards
  • municipal governance
  • constitutional powers
  • Census Rules
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Case Details

2026 LawText (AP) (08) 10

Writ Appeal No: 904 of 2026

2026-08-07

LISA GILL, CHALLA GUNARANJAN

Mr. Dammalapati Srinivas, Mr. D. Yatindra Dev, Mr. K. S. Murthy, Mr. Amirisetty Sai Raghava, Mr. N. Ashwani Kumar, Mr. Jupudi V. K. Yagnadutt, Mr. Y. V. Anil Kumar

The State of Andhra Pradesh and others

Narasimha Pratap Bhagavatula and others

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Nature of Litigation

Writ appeal against an interim order restraining delimitation of wards.

Remedy Sought

Setting aside the interim order passed by the learned Single Bench.

Filing Reason

Claim of illegality and violation of constitutional rights in the delimitation process.

Previous Decisions

Interim relief granted by the learned Single Bench in W.P. No.15061 of 2026.

Issues

Justification of interim order Impact of delimitation on census operations

Submissions/Arguments

Delimitation does not alter territorial limits and is within the State's powers. Interim order unjustified as it infringes no vested rights.

Ratio Decidendi

The delimitation of wards is an internal electoral exercise that does not alter territorial limits or infringe upon any vested rights, thus justifying the setting aside of the interim order.

Judgment Excerpts

The delimitation exercise does not alter territorial limits and is within the powers of the State Government. Impugned order, dated 29.05.2026 is set aside.

Procedural History

Writ petition filed, interim relief granted, appeal against interim order, hearing and decision.

Acts & Sections

  • Census Act, 1948:
  • Census Rules, 1990: Rule 8(iv)
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