Writ petition challenging disqualification for failing to submit election expenditure statement was dismissed by common order on other grounds in the same matter. The High Court rejected the petition without costs.
No relief granted; petitioner remains disqualified to hold post.
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.
HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE SIXTH DAYOF OCTOBER TWO THOUSAND AND TWENTY
PRESENT
THE HON'BLE SRI JUSTICE CHALLAKODANDARAM
WRIT PETITION NO: 8215 oF 2020
Between:
Smt. lVld. Razia Bee, W/o.lt/d.Sarvar Ward [t/ember, Aged about 40 years, R/o. Garrepally Village, Sultanabad ltrlandal, Peddapalli District Previously under Karimnagar District ...PETITIONER
AND
Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of Writ of lVlandamus declaring the impugned proceedings No.2B12ITSECPR/Sultanabad/GPs/2019 (13) dated 7-3-2020 issued by the 2nd respondent by disqualifying the petitioner to contest in elections for period of 3 years and ceased to be hold post is illegal arbitrary and violation of article 21 of lhe constitution of lndia and Rule of Telangana Panchayathraj Act 2018 and consequently set aside the same and direct the respondents to continue the petitioner as ward member of Grampanchayath of Garrepally village Sultanabad Mandal, Peddapalli District. lA NO: 1 OF 2020
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the impugned proceedings No.2812lTSEC-PR/sultanabadlGpsl2ole (13) dated 7 -3-2020 issued by the 2nd respondent pending disposal of W.p.
Counsel for the Petitioner: SRI G. ALLABAKASH
Counsel for the Respondent Nos. 1 & 4: Gp FOR PANCHAYAT RAJ AND
RURAL DEVELOPMENT
Counsel for the Respondent No.2 & 3: SRI p. SUDHEER RAO,
S.C. FOR ELECTION COMMISSION
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
WRIT PETITION No. 8215 of 2020
ORDER:
In this Writ Petition, petitioner questions proceedings dated 07 .03.2020 issued by respondent No.2 - Telangana State Election Commission, Hyderabad, disqualifying her to contest elections for any post and to hold any post for a period ofthree years.
The facts olthe case are not in dispute.
The election results in the prc sent case were declared on 31.01.2019, thereby, before 15.03.2019, the petitioner is required to submit the statement of election expenditure. The petitioner, who contested elections for the post of Ward Member of Garrepally Gram Panchayat,, Sullanabad,Peddapalli District, did not submit statement of electionexpenditurein the prescribed format within 45 days from thedate of declarationof results. Thereafter, a notice dated11.11.2019came to be issuedby respondent No.2 to thepetitioner to submit the statement of election expenditurewithin 20 days ln responseto the said notice, for the llrst timc,r'ide lctter datcd 16.12.2019,she submitted that sheincurredexpenditureof Rs.4,850/-towards petrol expenses and foodand beveragesand as she was unwell,
W.P.No8215 of 2020
2
she couldnot subnrit the statement of election expenditure rvithin
the time.
It is to benoted that the petitioner had not chosen to submit any supportingmaterialwith respect to her ill-health and there was no explanation forher not submittingthe election expenditure tillissuanceof the showcause notice'
This Coutt had an occasionto considerthe subjectrnatter of this Writ Petition inWrit Petition No.67l5of 2020 and batch and rejected the same by commonorder dated 05.10.2020.
In those circumstances, for the reasons stated in the
aforesaid common order, this Writ Petition is also dismissed.
Miscellaneous applications, if any pending, shall also stand
dismissed. There shall be no order as to costs.
SD/- I.NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPY// ! SECTION OFFICER
To,
\
HIGH COURT
DATED:0611012020
ORDER
1 H E s 14
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WP.No.8215of 2020
DISMISSINGTHE WRIT PETITION WTHOUTCOSTS
2 issues framed by the court
Whether the petitioner's disqualification for failure to deposit election expenditure statement is liable to be set aside.
Whether the impugned proceedings disqualifying the petitioner are illegal, arbitrary and violative of Article 21 of the Constitution.
Smt. lVld. Razia Bee
The State of Telangana
Election Commission of Telangana
District Collector, Peddapalli
District Panchayathra1 Officer, Peddapalli
CHALLA KODANDARAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
