This single-paragraph order allows a writ petition under Article 226 seeking to set aside an election ineligibility order. The court relied on a precedent allowing a similar petition and set aside the impugned order dated January 19, 2018.
Set aside the order dated 19.01.2018 declaring the petitioner ineligible to contest elections.
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.
THE HONOURABLE SRI JUSTICE A. RAJASHEKER REDDY WRIT PETITION No.14627 of 2019
ORDER:
This writ petition is filed under Article 226 of the Constitution of India, for the following relief:
“….to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ declaring the orders passed by the respondent No.3 in proceedings No.316/TSEC-L-KRN/2017-(78) dated 19.01.2018, through which declaring the petitioner is ineligible for a period of 3 years from the date of issue of the order to contest any election to be held any office under the provisions of Telangana Panchayath Raj Act, 1994, even though the petitioner has submitted his election expenditure account in the month of July 2013 itself within prescribed time, is nothing but arbitrary, illegal, null and void and violative of principles of natural justice and also violative of Articles 14, 19 and 21 of the Constitution of India and also contrary to the provisions of Telangana State Panchayath Raj Act and to pass such other order or orders as this Hon’ble Court deem fit and proper in the interest of justice.”
Heard learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and learned Standing Counsel appearing for respondent Nos.3 and 4.
Learned counsel for the petitioner submits that in similar circumstances this Court allowed W.P.No.12541 of 2019 on 24.06.2019 by setting aside the impugned order. The same is not disputed by the learned Government Pleader.
2
In view of the same and for the reasons alike, this writ petition is allowed, by setting aside the order impugned order, dated 19.01.2018.
As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. No order as to costs.
__________________________ A. RAJASHEKER REDDY, J
17th July 2019
Note:
Issue C.C. in three days.
(b/o)
mar
1 issue framed by the court
Whether the petitioner is ineligible to contest an election due to delayed submission of expenditure accounts despite prior submission in 2013.
Colour shows how this judgement treated each authority
W.P.No.12541 of 2019Followed¶6
2 provisions across 2 enactments
Petitioner
Respondent No.3
Respondent No.4
A. RAJASHEKER REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
