Writ petition challenging a three-year ineligibility declaration barring a candidate from contesting Gram Panchayat elections and a notification announcing casual vacancies. The court found the ineligibility period had elapsed, held the cause did not survive, and dismissed the petition as 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.
I3302I
I
t i I
IN THE HISI COURTFORTHE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY ,THE THIRDDAY OF APRIL TWO THOUSAND AND TWENTYFOUR
PRESENT
THE HONOURABLE SRIJUSTICEK. SARATH
'WRIT PETITION O:8216 OF 2021
,i Between:
Linoala Ramva. W/o ThirumalReddy,Aged about 28 years, Occ' Marthanpet ll WaiJ rra"ru6i:5, F/oH.No.3-32, Marthanpet Village, KonaraopetMandal' Rajanna Sircilla District,Telangana State
I' ri
..PETITIONER
ll AND ti il 1
it
..RESPONDENTS
Petition under Article 226 ofthe constitutionof lndia prayingthat in the circumstances stated,inthe affidavit filedtherewith,the High court maybe pleased to issue an order or direction,more particularlyone in the nature of writ of lr,{andamus declaringtheNotification No.36/TSEC-PR12021-2dated 26.O3.2021 issuedby the 2nd respondent by incorporating the petitioners5th ward of Marthanpet Village ofKonaraopet Mandal, Rajanna Sircilla Districtin serial No.691 inAnnexure toNotification No.36ffSEC-PR12021-2daled 26.O3.2O21 announcingcasual vacanciesof Gram Panchayats basedon the Leter No.29O5/RAASAN-PANRAJ/KONARAOPET/GRA.PAN./2019dated 02.o3.2O2O issuedby 3rd respondent declaringthe petitioner to be ineligible for a period of Three yeais to contestany election to be held for any officewitho(rt iaklng consideraiion ofsubmissionof accountsto respondent no 5 dated 15.0;.2019 as arbitrary,illegal and contrary to the provisionsof the Telangana panc6ivat Raj Act, 20tg, - uiolrtire ofpetitioners Rightsguaranteed under
li
I ;Al1icles 14,21 and 300-4 of Constltution of lndia besides being violative of the t 'Principles of Natural Justice and consequently set-aside the same.
lA NO: 1 OF 2021
I Petition under Section 151 CPC praying that in the circumstances stated iin the affidavit filed in support of the petition, the High Court may be pleased.to suspend the Notification No.36/TSEC-PRl2O21-2 dated 26.03.202'1 issued by the ,2nd respondent pursulnt to the petitioners 5th ward of Marthanpet Village of tKonaraopet Mandal, Rajanna Sircilla District in Serial No.691 in Annexure to rNotification No.36/T5EC-PRl2021-2 dated 26.O3.2021 announcing casual ,vacancies cjf Gram I Panchayats based on the Letter No.29O5/RAASANlPANRAJ/KONARAOPET/cRA.PAN./2019,dated 02.O3.2020 issued by 3rd rrespondent declaring the petitioner to be ineligible for a period of Three years to icontest any eleclion to be held for any office without taking consideration of 'submissionof accounts to respondentno.5dated 15.O2.2019 pending disposal of the above writ petition.
lA NO: 2 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 suspend the Letter No.2905/RAASAN-PANRAJKONARAOPET/GRA.PAN./201 g dated 02.03.2020 issued by 3rd respondent declaring the petitioner to be It 'ineligible for a periodrof Three years to contest any election to be held for any ,t{ 'office without taking consideration of submission of accounts to respondent no.5 :daled 15.O2.2019,pending disposal the above writ petition.
lt il lCounsel for the Petitioner: SRI RAM PRASAD TEEGALA
il iCounsel forthe Respondent No.1: GP FOR PANCHAYAT RAJ il Counsel forthe Respondent No.2 to 4: SRI P. SUDHEER RAO, SC FOR Respondent No.2 to 4: SRI P. SUDHEER RAO, SC FOR No.2 to 4: SRI P. SUDHEER RAO, SC FOR to 4: SRI P. SUDHEER RAO, SC FOR 4: SRI P. SUDHEER RAO, SC FOR SRI P. SUDHEER RAO, SC FOR SUDHEER RAO, SC FOR EC ft
Counsel forthe Respondent No.2 to 4: SRI P. SUDHEER RAO, SC FOR Respondent No.2 to 4: SRI P. SUDHEER RAO, SC FOR No.2 to 4: SRI P. SUDHEER RAO, SC FOR to 4: SRI P. SUDHEER RAO, SC FOR 4: SRI P. SUDHEER RAO, SC FOR SRI P. SUDHEER RAO, SC FOR SUDHEER RAO, SC FOR EC
Counsel for the Resp6ndent No.5: SRI G. NARENDER REDDY, SC FOR GRAM PANCHAYATH
i+
,The Court made the following: ORDER
l I I lr I I
i I I
li
THE HON'BLESRI JUSTTCE K.SARATH WRIT ON No.816 of2O2L
ORDER:
Heard.
2 This WritPetition is filed questioning the impugned Order datedO2.O3.2O2Opassedby the respondentNo'3 declaringthe petitioner as ineligiblefor a period of three years from thedate of order to contestin any electionsto be held for anypost under Section23 of Telangana PanchayatRaj Act,2O 18and as per Rule10'6 (3) and 1O6 (7) of the TelanganaPanchayat Raj (Conduct of Election)Rules' 2018'
4 Accordingly, thisWritPetition isdismissedas
infructuous.No order as to costs'
5 As sequelto it, Miscellaneous Petitionspending' if any'
shall stand closed
SDI T. JAYASREE ASSISTANT REGISTRAR
//TRUE COPY//
SEC OFFICER
t I
To 1. One CC to SRI RAM PRASAD TEEGALA, Advocate [OPUC]
GJP
HIGH COURT IDATED:0 310412024
i
ORDER
il
d iWP.No.8216 ot 2021
it
ii
II
ii
:i
ri
ii
I
ri
rl
ll
1eLr,.,
oY (-,.j
p
,,-T t
"1 s a'
\+ )
(a>
\c t<br>,.)
lH$
DISMISSING THE WRIT PETITION AS INFRUCTUOUS WITHOUT COSTS
7A
1 issue framed by the court
Whether the petitioner's three-year ineligibility declaration under Section 23 of the Telangana Panchayat Raj Act, 2018 was validly made.
3 provisions across 3 enactments
Linola Ramya
The State of Telangana
The Telangana State Election Commission (Commissioner)
The Telangana State Election Commission (Secretary)
The District Collector/Election Authority, Panchayat Raj, Rajanna Sircilla District
The Mandal Parishad Development Officer, Konaraopet Mandal
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
