Dismissed

Dr.Ch.Dayanand. Secunderabad v. Secretary, Ministry of Legislative Affairs, New Delhi and 3 Ot

Telangana HC30 Mar 2022PIL/34/2015

Case brief

AI extract

What is this about?

This PIL challenged the eligibility of Union and State Ministers to undertake political campaigns during elections, alleging conflict with their oath as public servants. The Court dismissed the petition, holding that the Representation of the People Act is a complete code and grievances should be addressed through its remedies.

What the court decided

AI extract

Dr.Ch.Dayanand. Secunderabad Vs Secretary, Ministry of… — Election Law | Telangana HC (2022)

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HIGH COURT FOR^{THE STATE OF TELANGANA} AT HYDERABAD

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WEDNESDAY, THE^{THIRTIETH DAY OF MARCH} TWO THOUSAND AND^{TWENTY TWO}

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PRESENT

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THE HON'BLE THE CHIEF^{JUSTICE SATISH CHANDRASHARMA} AND

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THE HON'BLE SRI^{JUSTICEABHINANDKUMAR SHAVILI}

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PUBLI C INTEREST LITIGATI^{oN NO: 34 OF 2015}

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Between:

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Dr.Ch.Dayanand,^{IVA Ph.D, L.L.B., S/o. Lat-e Han Rao,.Aged about 6:^ years, Occ:} AOvoiate, F/o Flit No.304,^{Amulya Castle Srinagar colony, Plot No'8, Lal Bazar'} Secunderabad-'1^5.

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...PETITIONER

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AND

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The Union of lndia, Represented^{by the Secretary, Ministry of Legislative} Affairs, New Delhi.

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Election commission^{of lndia,chief Election commissioner,Nirvchan sadan,} New Delhi.

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The State of Telangana,^{Rep by its Secretary, Law & Legislative Affairs,} Secretariat, Hyderabad.

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The State Election Commissioner,^{Bhooda Pournima Bhavan, Hyderabad'}

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...RESPONDENTS

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Petition under Article²²⁶ of^{Constitutionof lndia prayingthat in the} circumstances stated in the^{Affidavit filedtherewith, the High court may be} pleased to issue an order or a direction^{one in the natureof writ of Mandamus} declaring that the Ministers^{of the union and statecabinate beingthe public} servantJcannot undertake^{political campaignin any elections for their respective} parties as it would be in direct conflict^{with spirt of the democraticfabric of the} constitution of lndia^{in particularthe oath as specified in the lll scheduleof the} constitution of lndia and^{consequently declare theminelegible to continue the} respective^posts held by^{them includingthe d isqualification from participating in} future general elections and^{other local elections.}

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l.A.NO:1 o F 20'15(PlLlJlP.^N o^{50 0F 2015}

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Petition under Section 151 CPC^{prayingthat in the circumstances stated} in the affidavit filed in support of the^{petition, the HighCourt maybe pleasedto} direct the respondents to^{issue necessary instructionsincludingtaking steps to} refrain all the^public servants^such as^{the ministers from contlnuing their} respective^positions till the disposal^{of the writ petition, and pass.}

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Counsel for the Petitioner : SRI.CH.DAYANAND^{(PARTY'IN'PERSON)}

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Counsel for the Respondent No.'l : SRI.N.RAJESHWAR^{RAO (ASST SOL GEN)}

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Counset for the Respondent No.2 : SRI.AVINASH^DESAI

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Counsel for the Respondent No.3 : GP^{FOR LAW AND LEGISLATIVE AFFAIRS}

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Counsel for the Respondent No.4 : SRI.V.V.PRABHAKARA^RAO

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The Court made the following ORDER

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THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA AND

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t I

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THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI PUBLIC INTEREST LITIGATION No.34 OF 2015

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ORDER, fprr tr'"^no n'bte^the chieJ Justice^satish chqdtu Shama)

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The petitioner before this Court, who is a social worker, has filed this public interest litigation stating that certain Cabinet Ministers have participated in the election process in the year 2015, meaning thereby they were campaigning for the candidates of their Parties. He has prayed for the following

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relief:-

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"The Hon'ble Court may be pleased to issue an order or a direction one in the nature of writ of Mandamus declaring that the Ministers of the Union and State Cabinet being the public servants cannot undertake political campaign in any elections for their respective parties as it would be in direct conflict with spirit of the democratic fabric of the constitution of India in particular the oath as specified in the III schedule of the Constitution of India and consequently declare them ineligible to continue the respective posts held by them including the disqualihcation from participating in future general elections and other local elections and be pleased to pass orders as the court sees fit and pass such other order or orders may deem fit and proper in the circumstances of the case."

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A detailed reply has been {iled by the Union of India and it has been stated that the Election Commission of India has issued various executive instructions from time to time, Model Code of Conduct has also been issued which is being obe5,ed fy

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all the Parties and in case of any deviation, a person is entitled to lodge a complaint with the Election Commission of India.

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The petitioner has in fact made a vague allegation of simply stating that certain Cabinet Ministers were campaigning in the year 2015 elections, that too in respect of Delhi elections. We are in the year 2022. The Representation of the People Act is a complete code in itself and various executive instructions/ regulations have been issued from time to time.

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In the considered opinion of this Court, any person who is aggrjeved in the matter relating to violation of Code of Conduct relating to elections shall certainly be free to take recourse to the remedies provided for under the Representation of the People Act in accordance with law.

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With the aforesaid, the public interest litigation stands disposed of.

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Pending miscellaneous applications, if any, shall stand

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closed. There shall be no order as to costs.

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SD/.K.SRINIVASA RAO JOINT REGISTRAR /iTRUE COPY//

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SECTION OFFICER

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1.7 he Secretary, Union of^{lndia, Ministry of Legislative Affairs, New Delhi'} 2.7he Election bommission^{of lndia, Chief Election Commissioner,Nirvchan} Sadan, New Delhi.

<br>

The Secretary, Law & Legislative Affairs, Secretariat, State of Telangana, Hyderabad.

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<br>

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The State Election Commissioner, Bhooda Pournima Bhavan, Hyderabad. 5. Two CC to GP FOR LAW AND LEGISLATIVE AFFAIRS, High Court for the State of Telangana at Hyderabad. (OUT)

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one CC to SRI.CH.DAYANAND (PARTY-IN-PERSON)topucl

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One CC to SRI.N.RAJESHWAR RAO (ASST SOL GEN) [OPUC]

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One CC to SRI.V.V.PRABHAKARA RAO, Advocate [OPUC]

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One CC to SRI.AVINASH DESAI, Advocate [OPUC]

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Two CD Copies

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One spare copy

S.A SB .\rp-

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HIGH COURT

DATED:3010312022

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¶65

ORDER

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PlL.No.34 ot²⁰¹⁵

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DISPOSING OF^{THE P.I.L}

¶68

WITHOUT COSTS. @ e(v

Dr.Ch.Dayanand. Secunderabad v. Secretary, Ministry of Legislative Affairs, New Delhi and 3 Ot

Case brief

What is this about?

What the court decided

Dr.Ch.Dayanand. Secunderabad v. Secretary, Ministry of Legislative Affairs, New Delhi and 3 Ot

Case brief

What is this about?

What the court decided

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