Ramtenki Vimala Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2025)

Ramtenki Vimala Vs The State of Telangana — Dowry and Cruelty | Telangana HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; writ petition dismissed without costs, with liberty granted to the petitioner to raise the dispute before the Election Tribunal; pending miscellaneous petitions closed.

Issue for consideration

Whether the writ petition challenging the declaration of the 6th respondent as Ward Member (on grounds including the petitioner's unconsidered representations dt.02.12.2025 and 20.12.2025 alleging criminal antecedents, FIR No.89/2024) was maintainable, the election having been completed and the result declared. +1 more

Court's answer

Any dispute with regard to the declared result of the completed election has to be raised only in an election petition before the Election Tribunal.

Ratio / Principle

In view of the availability of the election-petition remedy before the Election Tribunal, the writ petition is not maintainable.

Detailed headnote1 paragraphs

Telangana High Court (T. Madhavi Devi J., sole judge; decided 23.12.2025) dismisses Writ Petition No.39636 of 2025 without costs. The petitioner, a defeated contestant for Ward Member, Ward No.3, Beebra Gram Panchayat (Dahegaon Mandal, Komaram Bheem Asifabad District), sought a writ in the nature of Quo-Warranto under Article 226 declaring the returned 6th respondent ineligible owing to FIR No.89/2024 (20.09.2024, Dahegaon PS; S.85 r/w 3(5) BNS; Ss.3-4 Dowry Prohibition Act), invoking Ss.21-22, Telangana Panchayat Raj Act, 2018 and Article 14, and protesting non-consideration of her representations of 02.12.2025 and 20.12.2025. Holding: the elections stand completed and the result declared; any dispute can be raised only in an election petition before the Election Tribunal; hence the writ petition is not maintainable. Dismissed without costs, with liberty reserved to the petitioner to contest the issues before the Election Tribunal; interim prayer to stop the 6th respondent's swearing-in (IA under S.151 CPC) falls away as pending miscellaneous petitions stand closed.

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

TUESDAY, THE TWENTY THIRD DAY OF^DECEMBER TWO THOUSAND AND TWENTY^FIVE

PRESENT

THE HONOURABLE SMT JUSTICE^{T.MADHAVIDEVI}

WRIT PETITION NO: 39636 OF²⁰²⁵

Between:

Ramtenki Vimala, W/o. Shankar,^{Aged 34 years, Occ. Housewife,Fl/o. H.No.} 1-18, Beebra, Dahegaon^{Mandal, Kumarambheem AsifabadDistrict-}

...PETITIONER

AND

The State of Telangana, Rep. by^{its Principal Secretary,} .Panchayat^{Raj and} Rural Developmen[ Department, Secretariat^{Buildings, Hy-derabad'}

The Telangana State Election Commisston,^{1st Ftoor,DTCP Building, A.C.} Guards, Hyderabad-500004, Rep.^{by its Commissioner.}

The Distriit Collector / District^{Election Officer, KomaramBheemAsifabad} District.

The Sub-Collector and^{Revenue Divislonal Officer / RetumingOfficer,} Kagaznagar, Komaram Bheem^{AsifabadDistrict.}

Th6 Retu;ning Officer, Beebra Ctuster,^{Beebra Gram Panchayat, Dahegaon} Mandal, Komaram Bheem Asifabad^District.

Jummicji Amrutha Bai,^{Wo.Ramdas, Aged42 years,Fl/o. H.No.7-23, Beebra,} Dahegaon Mandal, KumarambheemAsifabad^District.

...RES'ONDENTS

Petition under Article 226 of^{Ihe Constitutionof lndia prayingthat in the} circumstances stated in the^{affidavit filed therewith,the High Courtmay be} pleased to issue a writ, order or direction^{more partlcularlyone in the nature of writ} of Quo- Warranto

A) Declaring that the 6th Respondents^{is ineligible to contest to the postof ward} Member of Ward No. 3 under^{the BeebraGram Panchayat, DahegaonMandal,} Komaram Bheem Asifabad^{District, as she is accusedin criminalcase registered} vide FIR No. 89/2024, dated^{2010912024on the file of the Dahegoan Police} Station, Kumarambheem Asifabad^{for the offences punishable U/s. 85, r/w' 3 (5)} BNS and Sections 3, 4 of Dowry^{Prohibition Act, whichis against the mandate to} Section 21 and 22 of the^{TelanganaPanchayat Raj Act, 2018 (Act No. 5 of 2018),} requiring that there shall^not be^{any criminal antecedents to the consenting}

candidates to contest for the said post and thereby declara' on, dated 141'1Z2025 issued by the 5th Respondent declaring the 6th Respond€ r t as Ward Member of Ward No. 3 under the Beebra Gram Panchayat, Dahegir ,n [.4andal, Komaram Bheem Asifabad District, without considering the Represer ations dt.O211212025, and 2011212025, submitted by the Petitioner, being highly i egal, arbitrary and in violation of Article 14 of the Constitution of lndia and that^' re election of the 6th Respondent is void,

B) To declare the Petitioner as the Ward Member of Ward l"l ) 3 under the Beebra Gram Panchayat, Dahegaon Mandal, Komaram Bheem I sifabad District, who placed in the rd Position in the election conducted on 14112'',025.

lA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the r i cumstances stated in the affidavit filed in support of the petition, the High Court rr: y be pleased to direct the official respondents to stop the 6th respondent from ;wearing in as Ward Member of Ward No.3 under the Beebra Gram Panchaya , Dahegaon Mandal, Komaram Bheem Asifabad District, pursuant to the rl )resentations to the petitioner dated 0211212025 and 2011212025, submitted by :l e Petitioner pursuant to the election of the 6th Respondent as Ward Member of^{</sup> y'ard No. 3 under the Beebra Gram Panchayat, Dahegaon Mandal, Komaram Bl r em Asifabad District, pending disposal of the writ petition.}

Counsel for the Petitioner: Ms. M.RAJESWARI Counsel for the Respondent No.1: GP FOR PANCHAYAT i^qJ & RURAL DEV Cou nse I for the Respondent No.2: SRI P.SUDHEER RAO, S C FOR TSEC Counse I for the Respondent Nos.3 & 4: GP FOR REVENU: Counse I for the Respondent No.S: SRI K.PRADEEP REDD) , SC FOR MPP ZPP

Counsel for the Respondent No.6: -

The Court made the following: ORDER

IN THE TIIGH COURT FORTHE STATE OF TELANGANA

AT HYDERABAD

THE HONOT]RABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.39636 OF 2025

DATED 123.L2.2025

Between:

Ramtenki Vimala

... Petitioner

AND

The State of Telangana rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Hyderabad and 5 others

Respondents

ORDER

In this Writ Petition, the petitioner is challenging the action on the part of 5th respondent in declaring the 6'h respondent as Ward Member of Ward No.3 of Beebra Gram Panchayat, Dahegaon Mandal, Komaram Bheem Asifa District, without considering the representations dt.02.12.2025 and20.12.2025 of the petitioner, as illegal and arbitrary.

The petitioner claims to have made a written complaints

dt.02.12.2025 and20.12.2025 and the grievance of the petitioner is that the same has not been considered by the official respondents. The

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petitioner is therefore seeking a direction to cor iider the said representations and cancel the nomination of the 6th rt:^{pondent ttn the} IS ground that a criminal case vide FIR.No.89/2024 c..20.09.2024 registered against the 6th respondent and to grant such o I er relief.

According to the leamed counsel for the petitior^Lr r, there has^not been any strict adherence to the rules by the authorities

'fhe petitioner claims to be one of the contestan.l for the post of Ward Member of the concemed Gram Panchayat, 6tl' r: ;pondent as^her opponent and the 6'h respondent has won as Wartl 4ember. It is submitted that though it is brought to the notice of auttu rities that there is a crime registered against the 6th respondent vide .IR.No.89/2024 through her representations, no action has been taken.

l-earned Standing Counsel for the State Electior -.ommtsslon^as well as the leamed Govemment Pleader for PanchaviLt Raj and Rural Development and leamed Standing Counsel for the : rncemed Gram Panchayat are alI heard.

6- This Court finds that the elections have already^,een completed and the result of the election is declared and thereafter, z^.ry dispute with

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regard to the same has to bo raised only in an eloction petition before the

Election Tribunal. In view thereof, this Writ Petitlon is not maintainable.

The Writ Petition is accordingly dismissed. No order as to costs.

However, liberty is granted to the petitioner to raise a dispute on the

above issues before the Election Tribunal if she so chooses.

Pending miscellaneous petitions, if any, in this Writ Petition shall

stand closed.

SD/.A.V.S.^PRASAD DEPUW REGISTRAR

lto l---./

//TRUE^COPY//

SECTION OFFICER

To 1 One CC to^{Ms. M.RAJESWARI' Advocate tolggl} ^. z Two sirie ccs J felansana, to GP^{FoR at PANCiAV;i'RAJ-a'RURAL Hvderabad'} [oUT] ..^DEV' ;.^{HighCourt for the} 3 ,ir,il"cc; i;"6F cdn iieviNuE,^{Hi'gh c6urt for the state of Telansana, at} Hvderabad. [OUT] 6i'i,"bCi.ishrF.6uoneEn^{RAo, sc FoR r-sEC [oPUC]-} - ^'

4q. il; dd i"^{5rii x.FnnoeEi' neoov,sc FoR MPPzPP [oPUC]} 6. Two CD CoPies

PSK.

GJP

HIGH COURT

DATED:2311212025

ORDER

WP.No.39636 of 2025

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DISMISSING THE WRIT PETITION WITHOUT COSTS

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