Dismissed

Forum for Good Governance, v. The State of Telangana

Telangana HC8 Nov 2016PIL/3/2015

Case brief

AI extract

What is this about?

The Court dismissed a PIL challenging the non-conduct of elections to GHMC and the validity of Section 70G of the 1955 Act. It held that since an elected body had already assumed office, the cause no longer survived and refused to examine academic constitutional questions.

What did the court decide?

The writ petition was dismissed as the cause no longer survived since an elected body had assumed office.

Forum for Good Governance, Vs The State of Telangana — Election Law | Telangana HC (2016)

¶1

THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN

¶2

AND

¶3

THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA

¶4

Writ Petition (PIL) No.3 of 2015

¶5

ORDER: (Per the Hon’ble The Acting Chief Justice Ramesh Ranganathan)

¶6

This writ petition is filed in public interest to declare the action of the respondents in not conducting elections to the Greater Hyderabad Municipal Corporation as, among others, to be in violation of Article 243U of the Constitution of India. A challenge is also made to the validity of Section 70G of the Greater Hyderabad Municipal Corporation Act, 1955 (for short “the Act”), and for a declaration that the provision is ultra vires Article 243U(3)(a) of the Constitution of India.

¶7

After the writ petition was filed on 24.12.2014, elections to the GHMC were held, and an elected body has assumed office in February, 2016. The consequential relief sought for in the writ petition, i.e for elections be held to GHMC, no longer survives as an elected body has already assumed office in February, 2016, and its term is for a period of five years.

¶8

Sri Siva Raju Srinivas, learned counsel for the petitioner, would, however, contend that the issue raised in the writ petition is of larger public importance, and would apply to all Municipal Corporations in both the States of Telangana and Andhra Pradesh, as the provisions of the Act are being followed in these Municipal Corporations also.

¶9

The respondents, arrayed in this writ petition, include the State of Telangana represented by its Chief Secretary and the Special Officer of the Greater Hyderabad Municipal Corporation. None of the other Municipal Corporations, even within the State of Telangana, are arrayed as respondents. It would be wholly inappropriate for us, therefore, to decide this issue in the context of elections due to be held in other Corporations in the State of Telangana in April, 2017.

¶10

Notwithstanding the fact that the issue is of considerable significance, we must bear in mind the settled law that Courts would not examine academic issues; and it is only if some injury is being caused or some right is affected by the provisions of an enactment, would this Court examine its constitutional validity. As an elected body has assumed office in the GHMC, we see no reason to examine the issues raised in this writ petition. Suffice it to make it clear that the questions raised in this writ petition are left open for examination in appropriate legal proceedings, as and when such questions arise for consideration.

¶11

As the cause in the writ petition does not survive, the Writ Petition (PIL) is dismissed. Miscellaneous petitions pending, if any, shall also stand dismissed. There shall be no order as to costs.

¶12

____
(RAMESH RANGANATHAN, ACJ)

(A.SHANKAR NARAYANA, J)
08 th November 2016
JSU

¶13

THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN

¶14

AND

¶15

THE HON’BLE SRI JUSTICE A.SHANKAR NARAYANA

¶16

Writ Petition (PIL) No.3 of 2015

¶17

Date: 08.11.2016

¶18

JSU

Forum for Good Governance, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Forum for Good Governance, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Kona Raghupathi, Vs The State of Andhra Pradesh

N.Tirumala Rao Vs The Government of Andhra Pradesh

G.Jalandhar Vs The state of Andhra Pradesh, rep.by its Principal Secretary

Forum for Good Governance, a Society registered under the Vs State of Andhra Pradesh

P. Venkateswara Rao, Vs The Government of Andhra Pradesh

Narahari Jagadish Kumar Vs The State of Andhra Pradesh

Khaja Aijazuddin, Vs The State of Telangana, rep. by Principal Secretary to

Jammi Nagamani Vs The State of Telangana, Rep. by Principal Secretary

Naidu Prakash S/o. Late Sayanna Vs The State of Andhra Pradesh

Mrs. Sobhana Lakshmi Ganti, Vs The State of A.P.

Behara Venkataratnam, W/o.Demudu, Vs The State of Andhra Pradesh

M/s. Sirpur Paper Mills Ltd. Sirpur-Kaghaznagar, Vs The Assistant Commissioner (Commercial Taxes)

Urban Huts and Slum Dwellers Deelopment Association Vs The District collector, Hyderabad District

Sreenivasa Manal, Vs Dy. Commercial Tax Officer