Durgam Ambika Vs The State of Telangana

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

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

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PRESENT

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

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WRIT PETITION NO: 39640 OF 2025

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Between:

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Durgam Ambika, W/o- Revaiah, Aged 3'l years, Occ Housewife, Rl/o. H.No.'122, Beebra, Dahegaon Mandal, Kumarambheem Asifabad District.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Hyderabad.

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The Telangana State Election Commission, 1st Floor, DTCP Building, A.CGuards, Hyderabad-500004, Rep. by its Commissioner.

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The District Collector / District Election Officer, Komaram Bheem Asifabad District.

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The Sub-Collector and Revenue Divisional Officer / Returning Officer, Kagaznagar, Komaram Bheem Asifabad District.

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The Returning Officer, Beebra Cluster, Beebra Gram Panchayat, Dahegaon Mandal Komaram Bheem Asifabad District

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Durgam Harika, Wo. Santosh, Aged 28 years, Rl,/o. H.No.2-20, Beebra, Dahegaon IVIandal, Kumarambheem Asifabad District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus A) Declaring that the 6th Respondent's election result as null^" and void as she has been awarded wiih one vote which was stated to be missrng by the 5th respondent till 4th round of the counting^process and thereafter awarded the same as belonging to the 6th respondent without showing any particulars to the petitioner or her booth agent, as Section 22 of the Telangana Panchayat Raj Act, 2018 (Act No. 5 of 2018), requiring that the objections raised by the contestants shall be considered and thereby declaration, daled 14-12-2025 issued by the Sth Respondent declaring the 6th Respondent as Sarpanch of the Beebra Gram Panchayat, Dahegaon lVlandal, Komaram^Bheem Asifabad District,

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without considering the Representations 15.12.2025 and I t.12.2025, submitted by the Petitioner, being highly illegal, arbitrary and in violat⁽ n of Article 1 4 of the Constitution of lndia and that the election of the 6th Reslr rndent is void B) To undertake the Coin Toss lvlethod in respect of the votes wo by the petitioner as well as the 6th respondent to the Post of Sarpanch c ' the Beebra Gram Panchayat, Dahegaon [\ilandal, Komaram Bheem Asifabad )istrict, in respect of ' the election conducted on 14-12-2025.

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lA NO: 1 OF 2025

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Petition under Section 15'1 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Cou r may be pleased to direct the official respondents to stop the 6th responden 'rom swearing in as Sarpanch of the Beebra Gram Panchayal, Dahegaon lVanc al, Komaram Bheem Asifabad District, pursuant to the representations of re petitioner dated 15.12.2025 and 18.12.2025, submitted by the Petitioner pu iuant to the election of the 6th Respondent as Sarpach of the Beebra Gram^r lnchayat, Dahegaon lrlandal, Komaram Bheem Asifabad District, pending disposa of the writ petition.

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Cou nsel for the Petitioner: Ms. M.RAJESWARI Counsel for the Respondent No.1: GP FOR PANCHAYAT tt \J & RURAL DEV Cou nsel for the Respondent No.2: SRI P.SUDHEER RAO, S I FOR TSEC Cou nsel for the Respondent Nos.3 & 4: GP FOR REVENUI: Counsel for the Respondent No.5: SRI K.PRADEEP REDD\ SC FOR MPP ZPP

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Counsel for the Respondent No.6: -

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The Court made the following: ORDER

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IN THE IITGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI)

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THE HONOURABLE SMT. JUSTICE T. MADHAVT DEVI WRIT PETITION NO.39640 oF 202s DATED :23-12.2025

Between:

Durgam Ambika

.. Petitioner

AND

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

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... Respondents

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ORDER

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In this Writ Petition, the petitioner is challenging the action on the

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parl of 5'h respondent in declaring the 6th respondent as Sarpach of Beebra Gram Panchayat, Dahegaon Mandal, Komaram Bheem Asifa District, without considering the representations dt. I 5. I 2.2025 and 18.12.2025 of the petitioner, as illegal and arbitrary.

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The petitioner claims to have made a written complaints dt.15.12.2025 and. 18.12.2025 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 the officie.lrespondents to} conduct necessary enquiry^{and do justice with regard .o one missing} vote which is invalid, is declared^{to be belongingto thr 6th respondent} by the 5th respondent and to^{grantsuch other relief.}

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According to the leamed^{counselfor the petitior t r, therehasnot} been any strict adherence to the^{rules by the authoriti:and therefore,} recounting should be directed.

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The petitioner claims to be one of^{the contestan:r lor the post of} Sarpanch of the concerlted Gram^{Panchayatand shc I as secured 387} votes as against the successful candidate,^{i.e., responcLtnt No-6 herein,} who also secured 387 r,otes. During^{counting, it was inf ,rmedby the 5'h} respondent that out of'858 votes^{one vote was missinr4but aftersome} time, the missing one vote is^{declared to be belo I} ling^{to the 6th} respondent and she was declared^{as the winner.}

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Leamed Standing Counsel for the State^{Election Commissionas} well as the learned Govemment Pleader for^{Panchayr Raj and Rural} Development and learned Standing Counsel^{for the t rncemedGram} Panchayat are all heard.

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This Court finds that the elections have already been completed and the result ofthe election is declared and thereafter, any dispute with regard to the same has to be raised only in an election petition before the Election Tribunal. In view thereof, this Writ Petition is not maintainable.

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

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

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above issues before the Election Tribunal if she so chooses

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

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stand closed.

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SD/.A,V.S. PRASAD DEPUW REGISTRAR G

//TRUE COPY//

SECTION OFFICER

To

'l . One CC to Ms. M.RAJESWARI, Advocate [OPUC] 2. fwo CCs to GP FOR PANCHAYAT RAJ & RURAL DEV, High Court for the State of Telangana, at Hyderabad. [OUT]

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