Sri. Silveri Srishailam, Vs The State of Telangana

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{³³⁰⁰ I

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IN THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)^</sup>

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SATURDAY,^{THE TWENTY FIFTH DAYOF OCTOBER} TWO THOUSAND^{AND TWENWFIVE}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE NAGESHBHEEMAPAKA}

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WRIT PETITION^{NO: 32253 OF 2025}

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Between:

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Sri. Silveri Srishailam,^{S/o. Late. Sri Silveri Polkaiah,} ig"9^{aboutQ0.yqarq'} Occ: Senior Jorinjfilt,^{nyo -ii.tlo. 6-1-69/6, S.R. Apartments, Saifabad,} Hyderabad^{- 500004.}

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...PETITIONER

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AND

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The State^{of Telangana, Rep. by its-Principal.gecretary,.lnformation& Public} Relations Oepirtm6nt,^{Secrbtariat Buildings, Hyderabad.}

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The Registrar^{of Societies, H.yderabad District, O/o. District Registrar, Red} Hi1s, Oppo"i" rrrrriC;il;^{frtripiiil, Bahauddin Colony, Main Road, Red} Hills-500004

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ana

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3 The Press Club^{Hyderabad, (a societyregistered un{e1theTelang} Societiei Registraiion^{Act, ZOOt_1,.Fgi.bf its GeneralSecretary,H.} No.6-3645, Somajiglda,^{Hyderabad - 500 082.}

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...RESPONDENTS

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petition under Article 226 of the Constitution of^{lndia prayingthat in the} circumstances^{stated in the affidavit filed therewith, the High Court may be} pleased to pass an^{issue a writ of Mandamusor any other appropriate writ' order} or direction,^{declaring the Election Notificationdated 06'10-2025 issued by the} 3rd Respondent^{as illegal and arbitrary,and direct the 3rd Respondentto} consider and decide^{the Petitioner's pending membership applicationsof 2012} and 22-O1-2020^{before holding any elections'}

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lA NO: 7 OF 2025

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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 Rerspondents to suspend the operation of the Election Notification dated 06-10-2025 and restrain the 3'd Respondent from^proceeding with the elections scheduled on 26-1 0-2025.

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Counsel for the Petitioner: SRI ISUKAPALLI ABHIJIT Counsel for the Respondents: GP FOR COOPERATION

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The Court made the following: ORDER

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i :i 'li! :l iftl ll

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THE HON'BLE SRI JUSTICE NAGESH BHETMAPAKA IIIRIT PETITION No.32253 of

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ORDER:

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The Petitioner, claiming to be a senior journalist, has filed the present Writ Petition seeking to declare the Election Notification dated 06.10.2025 issued by respondent No.3Press Club Hyderabad, as illegal and arbitrary, and for a consequential direction to consider and decide his pending membership applications of 2Ol2 and 22.O1.2O2O before conducting arly eiections

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Sri I. Abhijit, learned counsel for the petitioner and iearned Government Pleader for Cooperation, for the respondents.

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Learned counsel for the petitioner submits that the petitioner, clespite having submitted membership applications '-.,' in 20 12 and again irt 2O2O along with all requisite documents and fees, respondent No.3 has not considered the same. He submits that proceeding u'ith ttre election process by issuing the aforesaid Blection Notification without deciding the petitioner's membership clainrs violates the bye-laws of respondent No.3-club anc Arricles L4 and 19(1)(c) of the

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I

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constitution of India. Therefore, the petitioner seeks to suspend the Executive committee Election Notification dated 06.10.2025 and restrain the conduct of elections until his applications are clisposed cf.

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Learned Government Pleader for Cooperation submits that the afirresaid Election Notification was issued in accordance with law and that the election process is being conducted in accordance with law. He further submits that the election process, having ai;eady commenced pursuant to the aforesaid Electic,n Notification dated 06.1o.2o2s, cannot be interfered with by this court under Article 226 of thc constitution. He relied on the setfled principle that once the election process has begun, the remedy lies before the Election Tribunal after completion of the election, and not through a writ petition.

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Harring considered the submissions made and the material placed on record, it is evident that the election process for the Executive committee of respondent No.3-club has already cornmenced pursuant to the aforesaid Election Notification dated o6.Lo.2o25. The iaw is u,eil settred through the :l

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tI 1I

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judgments of this Court in^{PrathipatiBhagyamma v'} Election Oflicer,^{MuppallaPrimary AgriculturalCo-} operative Society,^{Guntur Districtr and Potoji veeraiah v.} Returning :oflicer,^{Khammam District2that once the} election^{processcommences,any challenge 'relating to} cond.uct or^{validityof the election cannot be entertained} und.er Article^{226 0f the constitution. Ithas been} consistently^{held by the Hon'ble Supreme Court and this} Court that Article^{329(b) bars interferenceby writ courts once} elections have^{been notified, and any grievancearising out of} the election^{process has to be decided by the Election} Tribunal constituted^{for that purpose. Therefore,tl.e} allegations made^{by the petitioner cannotbe examined in the} present writ proceedings.^{The petitioner has the remedy of} approaching the^{Election Tribunal under the relevant} provisions of law after^{completion of the electionprocess.}

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In view of the^{settled legal positionlaid down by. the} Honble Supreme Court^{and this Court, this Court holds that}

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.. .:;--'-^{"'. "}

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1 MANU/AP/O tt\lzcDs : 2005 (6) ALC 8s0

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2 MANU/AP/0089/2009 : 2009 (3) Al-D 822 [Dt]) !

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the present writ Petition is not maintainable under Article 226 of. the constitution of India once the election process has commr:nced.

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Ac<:ordingly, the writ Petition is dismissed. However, the petitioner is at liberty to pursue his grievances in the election petition before t]le Election Tribunal or other forum as may be prescribed by law. No costs.

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Pending miscellaneous applications, if any, shall stand

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closed.

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SD/. B.REKHA RANI ASSISTANT RE //TRUE COPY// SECTION OFFICER

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To,

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