The High Court dismissed the writ petition challenging an order declaring the petitioner ineligible to contest elections for three years. The court held that since the disqualification period had elapsed, the petition had become infructuous.
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.
[3302 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)
FRIDAY,THE TWELFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K. SARATH
WRIT PETITION NO: 2730 0F 2021
Between:
Rathod Sharadha, W/o.Rathod Subhash, Aged 41 years, R/o.H.No.3_122, Hasnapur Village, Utnoor tVlandat, Aditabad Di-strict.
AND
...PETIT]ONER
...RESPONDENTS
Petition under Articre 226 oI rhe constitution of lndia praying that in the circumstances stated in the affidavit fited therewith, the High court may be pleased to issue any writ, order or direction more especially one ln the nature of writ of Mandamus declaring the rmpugned orders passed by the 2nd Respondent in Proceedings No.704lTSEC-Admin/ADB-Utnoorl212} (7), Dt.12tO1l2O21, through which declaring the Petrtioner 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 Panchayat Raj Act, 2018 aM further disqualifying the Petitioner from functioning as a lrrlPTC-Hasnapur, Utnoor Mandal, Adilabad District on the Ground of non submission of ElectionExpenditure Accounts within a period of 45 days from the date of declaration of Results, 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 lndia and also contrary to the Provisions of Telangana Panchayat Raj Act, 2O1B and consequently by setting aside the lmpugned Orders passed by the 2nd
Respondent in Proceedings No.704/TSEC-Admin/ADB-Utnoorl212} (7), Dt.121O112021 , direct the Respondents to continue the Petitioner in functioning as MPTC-Hasnapur, Utnoor Mandal, Adilabad District
lA NO: 1 OF 2021
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 direct the Respondents to continue the Petitioner in Functioning as Member in respect of MPTC-Hasnapur, Utnoor Mandal, Aditabad District by suspending the lmpugned Orders passed by the 2nd Respondent in Proceedings No.704ffSECAdmin/ADB-Utnoorl2O20 (7), Dt.12l0't 12021 pending disposat of the above writ petition
Counsel for the Petitioner: SRl. C. HARI PREETH
Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT
Counsel for the Respondent No.2: SRI P . SUDHEER RAO,
SC FOR ELECTION COMMISSION
Counsel for the Respondent No.3: SRI G. NAREDNER REDDY, SC FORTG ZPP MPP GPPS
The Court made the following: ORDER
tt l
t t t I i i I I ! ) i i
THE HON'BLE SRI WSTICE K.SARATH WRIT PETITION No.273O of 2O2L ORDER:
Heard.
3 As the above said period was elapsed, the cause in the Writ Petition does not survive and the Writ Petition has become infructuous.
any, shall stand closed.
SD/- K. VENKA]AH ASSISTANTREGISTRAR
//TRUECOPY//
SECTIONOFFICER
To, 1. Two CCs to GP FOR PANCHAYAT RAJ RURAL & RURAL DEVELOPMENT .Hioh Courtfor the State ofJutjnorn,.at Hyderabad[OUT] ,. d;ly'c;t"sHl'C.nnnr pne er u' AdvocateloPU'cl 3. one ccto sRl. G Nnxerlb'ii ieoov sc'ronrc zPP MPP GPPS ,. 8I"'"%to sRt. P .,DHEER RAo' sc FoR ELECTI.N coMMlssloN
HIGH COURT
DATED:1210112024
, ,.,.1,-., .....
i
.1.<br>1 E riB :i2,1
,) i)2
Jr
Cr
o S P,\T c*
ORDER
WP.No.2730 of 2021
DISMISSING THE WRIT PETITION AS INFRUCTOUS WITHOUT COSTS
(.
1 issue framed by the court
Whether the writ petition survives after the period of disqualification has elapsed?
3 provisions across 3 enactments
Rathod Sharadha
State of Telangana
Telangana State Election Commission
Mandal Parishad Development officer, Utnoor Mandal
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
