In this writ petition, petitioners challenged the cancellation of a government order constituting the State Council of Senior Citizens. The High Court dismissed the petition at the admission stage, finding no merit in the challenge to the government's decision to re-examine nominees.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
[Special Original Jurisdiction]
SATURDAY THE SEVENTEENTH DAY OF SEPTEMBER, 2016
PRESENT HONOURABLE SRI JUSTICE SURESH KUMAR KAIT
WRIT PETITION NO. 31439 OF 2016
Between:
P. Kanakaratnam & Anr. … Petitioners
V/s.
The State of Telangana
Rep. by Secretary to Government
Department for Women, Children,
Disabled and Senior Citizens [Schemes]
Secretariat, Hyderabad & Ors. … Respondents
Counsel for the Petitioners: Sri V. Rajagopal Reddy
Counsel for the Respondents: GP for Child Welfare & Women
The court made the following: [order follows]
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HONOURABLE SRI JUSTICE SURESH KUMAR KAIT
WRIT PETITION NO. 31439 OF 2016
O R D E R :
This writ petition is filed by the petitioners seeking
mandamus, cancelling G.O.Ms.No. 31, dated 01/9/2016 issued by the
State of Telangana and restore G.O.Ms.No. 26, dated 17/8/2016
issued by the Department for Women, Children, Disabled and Senior
Citizens of Telangana and to pass such other suitable orders as this
Court may deems fit and proper in the circumstances of the case.
Maintenance and Welfare of Parents and Senior Citizens Rules, 2011,
the State Government of Telangana issued a notification orders for
adoption of the same to Telangana State vide reference
G.O.Ms.No.8, Department for WCD and SC dated 30/5/2016.
Therefore, vide GO.Ms.No. 26, the State Government in order to
implement the Maintenance and Welfare of Parents and Senior
Citizens Act, 2007 in Telangana State and as per Rule 22,
Government constituted the State Council of Senior Citizens
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Committee in Telangana State whereby the constituted Committee
shall meet atleast once in six months.
Para No.4, it is stated that Government after careful examination of
the matter, hereby cancel the orders issued in G.O.Ms.No.26,
Department for WCD & SC, dated 17/8/2016.
that the Director, Welfare of Disabled and Senior Citizens, Hyderabad
is requested to send proposals afresh duly examining the antecedents
of the nominees to constitute State Council of Senior Citizens in
Telangana State.
31, dated 01/9/2016 taken by the State Government is on the ground
that the President, Telangana Federation of Senior Citizens
Organizations, Gokul Nagar, Taranaka, Secunderabad has made
certain allegations against one member, who is nominated for State
Council of Senior Citizens in Telangana State.
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filed in support of the petition and submission of the counsel for the
petitioner, I find no ground whereby the petitioner is aggrieved by
GO.Ms.No.31, dated 01/9/2016 as noted above. The said G.O. is
issued to send proposals afresh after examining the antecedents of the
nominees to constitute State Council of Senior Citizens in Telangana
State. I find no merit in this writ petition and the same is accordingly
dismissed at the admission stage. No costs.
writ petition shall stand closed.
17/09/2016 I s L
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HONOURABLE SRI JUSTICE SURESH KUMAR KAIT
WRIT PETITION NO. 31439 OF 2016
Date: 17/09/2016 Circulation No. Court Master: I s L
2 issues framed by the court
Whether the writ petition seeking cancellation of G.O.Ms.No. 31 restoring the earlier G.O.Ms.No. 26 has merit.
Whether the State Government was justified in cancelling the notification regarding the formation of the State Council of Senior Citizens.
4 provisions across 4 enactments
P. Kanakaratnam & Anr.
The State of Telangana Rep. by Secretary to Government Department for Women, Children, Disabled and Senior Citizens [Schemes] Secretariat, Hyderabad & Ors.
SURESH KUMAR KAIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
