Petitioner, Vice President of Mandal Parishad, challenged a no-confidence motion notice as barred by the Model Code of Conduct for the 2024 Lok Sabha elections. The court held such meetings are routine day-to-day management matters permitted under ECI instructions and dismissed the writ petition.
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[3302 ]
IN THE HIGHCOURTFOR THE STATEOF TELANGANA AT HYDERABAD (SPecial OriginalJurisdiction)
TUESDAY,THE SECOND DAY OF APRIL TWO THOUSANDAND TWENTYFOUR
PRESENT
THE HONOURABLESRI JUSTICE K. SARATH
WRIT PETITION NO: 8509 0F 2024
Between:
Mr.Diviti RajDas,S/o Diviti Narayana, age about 65 vears' Occ incharge Mandal i;'rq?plrJnri-preiio-ent, 'ilo"'Y-o,jr-virrug", Irr'landal Nagireddvpet,District Kamareddy
...PETITIONER
AND
.,.RESPONDENTS
Petition underArticle 226 of lhe Constitutionof lndiaprayingthat in the circumstancesstatedintheaffidavitfiledtherewith'theHighCourtmaybe pleased to lssuea Writ Orderor direction more particularlyone in the nature of WRIT OFMANDAMUS declaringthe Notice under Form-V vide ProceedingsNo' Al5l3t2o23-1,dated 18-03-2024issued by the sth RespondentRevenue DivisionalOfficer stating that a notice proposing no confidence motion againstthe
Vice Presrdent. Manclat PrajaParishad, Nagireddypet[t'4andal, Kamareddy Distrrct, under Sec 263 of TSPanchayal Raj Act 2018 and that a meeting will be held on 04-04-2024, 11.00AM atthe office of lr.4andal Parishad Development officer at i.e. 6th respondent,for considerationof the proposalof no confidence motion andpass relating tomotion of no confidence against the Vice President of The Mandal Parishad isillegal, arbitrary, discriminatory, withoutcomplyingrules and also in violation ofconstitutional rights and Article 14,19as 21 and agaist the prinicples of naturaljustice and it ispublicpolicyand hit the tvlodel code of Conduct General Elections toHouse of the People(Lok Sabha),2O24 for Constitution of lndia andconsequentlyset asideimpugnednotice in the interest ofjustice and eq uity.
lA NO: 1 OF 2024
Petition under Section 151CPC praying that in the circumstances statedin the affidavit filed in support ofthe petition, the High court may be pleasedto stay of all furtherproceedings pursuantto the Notice under Form V videProceedings No 4/503/2023-1 dated18-03-2024issued by the 5th respondent Revenue Divisional officer, includingthe proposed meetingon 04-04-2024at 11.00 Atv at the office of Thetr4andal ParishadDevelopmentoffice at Nagireddypetto consider theproposed no confidence motion against the VicePresident,and to allow continue as VicePresident oftrzlPP office, Nagireddypetlr/andal, Kamareddy District,in the interest of justice and equity.
Counsel for the Petitioner: M/s.GlX LAW FIRM AND LEGAL SERVICES Counsel for the Respondents:GP FOR PANCHAYAT RAJRURAL DEV The Court made thefollowing:ORDER
,
THE HONOURABLE SRI .IUSTICEK.SARATH
WRIT PETITION No.85O9 of 2024
ORDER:
SK,J
SK,J
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WI MeetingofLocal bodies MuniciPalitiesetc',
Panchagats,
ii""-ui";iteHigh "Court of calcuttaseekingq declctrationthat no ,rLJi"g i7 tn" Councilors of Kutti **: iii;ra snould ii neid aunng the peiod uhen 'ioaeiCoa. of Conduct is in force'
to theroutine dag-to-dag manqgementissues' and on emergentu*7X"'i""h"a b; taken ins much meetings"'
sK,.'
the order of this Court passed in W.p.No.l9l29 of 2023 alrd batch daLed 1.2.03.3024 and therefore, there are no merits in the writ petition and the same is liable to be dismissed.
stand closed.
\
//TRUE COPYII
SD/.T.JAYASREE ASSISTANT REGI T AR
SECTION OFFICER
To, 1 One CC to lr//s GIX LAWFIRIVAND LEGAL SERVICES, Advocate. [OPUC] 2 Two CCs to GP FOR PANCHAYATRAJRURALDEV, High Court for the State of Telangana. [OUT] 3 Two CD Copies. BSK
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HIGH COURT
DATED:0210412024
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ORDER
WP.No.8509 of 2024
DISMISSING THE WRIT PETITION WITHOUT COSTS
w,
1 issue framed by the court
Whether a no-confidence motion meeting notice issued after the Model Code of Conduct for Lok Sabha 2024 elections came into force is illegal and liable to be set aside.
3 provisions across 3 enactments
Mr. Diviti Raj Das
The State of Telangana, Rep by its Principal Secretary Panchayat Raj and Rural Development Department
The Telangana State Election Commission, rep by its Secretary, Hyderabad
The District Collector-cum-District Election Authority, Kamareddy
The District Panchayat Officer, Kamareddy District
The Revenue Divisional Officer (Returning Officer), Yellareddy Division, Kamareddy District
K. Sarath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
