The Single Judge allowed this writ petition against an order disqualifying the petitioner for three years due to non-filing of election expenditure, holding it illegal and arbitrary as no prior notice was issued and there was a long lapse of time.
The impugned order declaring the petitioner ineligible for three years is set aside.
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.
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.14671 OF 2019
Date: 17.07.2019
Between:
N.Aruna w/o. N.Srejan, Aged about 40 yrs, Occu: Business, r/o. H.no.6-2-11, Subashnagar, Nizamabad.
…..Petitioner
and
The State of Telangana, rep.by its Prl.Secretary Municipal Administration & Urban Development Department, Secretariat, Hyderabad and others.
…..Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.14671 OF 2019
ORDER:
Petitioner contested as Member to Ward No.3 of Nizamabad Municipality in the elections held in the year 2014. Alleging that petitioner did not file election expenditure, order was passed on 10.04.2017 by the Telangana State Election Commission declaring the petitioner as ineligible for three years from the date of issue of that order to contest any election to be held for any Office under the provisions of Greater Hyderabad Municipal Corporation Act,
PNR,J W.P.No.14671 of 2019
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and amounts to arbitrary exercise of power, and set aside the similar orders passed against the petitioners therein.
___________________________ JUSTICE P.NAVEEN RAO
Date: 17.07.2019 kkm
PNR,J W.P.No.14671 of 2019
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HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.14671 OF 2019
Date: 17.07.2019
kkm
3 issues framed by the court
Whether the order passed by the State Election Commission declaring the petitioner ineligible for three years is legal.
Whether the action of the State Election Commission amounts to arbitrary exercise of power for disqualifying candidates.
Whether the order was passed without issuing prior notice.
N.Aruna w/o. N.Srejan
The State of Telangana, rep.by its Prl.Secretary Municipal Administration & Urban Development Department
P.Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
