Allowed

Smt. Bochu Vanaja, v. The state of Telangana

Telangana HC1 Aug 2019WP/586/2019

Case brief

AI extract

What is this about?

The single judge dismissed the writ petition declaring it covered by a batch of orders (W.P. No. 2630 of 2018 and batch) which had already held that disqualifying candidates for delayed filing of election expenditure was illegal and arbitrary. The petition was allowed accordingly.

What did the court decide?

The impugned order disqualifying the petitioner is set aside; pending miscellaneous petitions stand closed.

Smt. Bochu Vanaja, Vs The state of Telangana — Election Law | Telangana HC (2019)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.586 OF 2019

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Date:01.08.2019

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Between :

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Smt Bochu Vanaja, W/o Vinay Sambaiah, Aged 38 years, Occ:House wife R/o Parkal, Warangal District.

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.. Petitioner

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And

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The State of Telangana, rep., by its Principal Secretary, Municipal Administration and CAD Department, Secretariat, Hyderabad and others. .. Respondents

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The Court made the following:

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.586 OF 2019

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ORDER:

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Petitioner contested as Councilor to Ward No.2 of Parkal Nagar Panchayat, Warangal Rural District, in the elections held in the year 2014. Alleging that petitioner did not file election expenditure, order was passed on 28.07.2017 by the 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 Telangana Municipalities Act, 1965.

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Heard learned counsel for the petitioner and learned counsel representing the State Election Commission. Learned counsel appearing for State Election Commission agrees that subject matter of the writ petition is covered by the decision of learned single judge of this Court rendered in W.P.No.2630 of 2018 and batch on 20.03.2019.

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From the reading of the order impugned, it is apparent that no prior notice was issued before passing such order and notice was not issued within reasonable time from the date of conclusion of election process.

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In W.P.No.2630 of 2018 and batch, dated 20.03.2019, learned single Judge of this Court considered the issue in detail and held such action of the State Election Commission in disqualifying the candidates on the ground that they did not file election expenditure in the elections held in the year 2014 after

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long lapse of time as illegal, and amounts to arbitrary exercise of power, and set aside the similar orders passed against the petitioners therein.

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Following the earlier orders of this Court, this Writ Petition is also allowed by setting aside the order impugned. Pending miscellaneous petitions shall stand closed.

P. NAVEEN RAO, J

AUGUST 01, 2019

YVL

THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.586 OF 2019

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Date:01.08.2019

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YVL

Smt. Bochu Vanaja, v. The state of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Bochu Vanaja, 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

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