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Dharpally Prabhakar v. The State of Telangana

Telangana HC8 Jan 2026WP/504/2026

Case brief

AI extract

What is this about?

Postal ballot; Form XXVI Declaration by Voter for Postal Ballot; Form XXVII Postal Ballot Paper; Grampanchayat Sarpanch election dated 14.12.2025; Thirmanpally village; lndalwai/Indalwai Mandal; Nizamabad district; representation not considered; election dispute; counting procedure lapses; writ of mandamus; Article 226; Articles 14 and 21; Section 151 CPC; Telangana State Election Commission; District Election Officer and Collector Nizamabad; followed W.P. No.39686 of 2025; disposed without costs.

What did the court decide?

Writ petition disposed of: petitioners permitted to submit a representation to the respondent authorities; respondent No.3 directed to take a decision thereon in accordance with law; no order as to costs; miscellaneous petitions, if any, pending in the writ petition stand closed. ¶45

Dharpally Prabhakar Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent authorities ought to be directed to consider and act upon the petitioners' representation dated 03.01.2026 (and earlier representations) seeking furnishing of Form No.XXVI (Declaration by voter for postal Ballot) and Form No.XXVII (Postal Ballot Paper) relating to the Sarpanch election held on 14.12.2025, so as to enable the petitioners to raise an election dispute.

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Court's answer

In view of the order in W.P. No.39686 of 2025, a similar direction is issued in the present case: the petitioners are permitted to submit a representation to the respondent authorities (the petitioners having confined their claim to furnishing of Forms XXVI and XXVII to enable them to raise an election dispute, not to obtaining declarations themselves).

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Ratio / Principle

On receipt of the petitioners' representation(s), respondent No.3 (the District Election Officer and Collector, Nizamabad District) shall take a decision in accordance with law.

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Detailed headnote1 paragraphs

High Court for the State of Telangana at Hyderabad (T. Madhavi Devi, J.), W.P. No.504 of 2026, decided 08.01.2026: Six agriculturist voters of Thirmanpally village, lndalwai Mandal, Nizamabad district sought furnishing of Form No.XXVI (Declaration by voter for postal Ballot) and Form No.XXVII (Postal Ballot Paper) concerning the Grampanchayat Sarpanch election held on 14.12.2025, alleging non-consideration of their representations dated 16.12.2025, 17.12.2025 and 03.01.2026 (including complaints of lapses in the counting procedure). Counsel clarified the petitioners sought only the forms to enable them to raise an election dispute, relying on the Court's earlier order in W.P. No.39686 of 2025. Following that precedent, the Court disposed of the writ petition by permitting the petitioners to submit a representation and directing respondent No.3 (District Election Officer and Collector, Nizamabad District) to take a decision thereon in accordance with law; no order as to costs; pending miscellaneous petitions closed.

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I^s21e ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY, THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SMT JUSTICE T.MADHAVI DEVI

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WRIT PETITION NO: 504 OF 2026

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Between:

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Dharpally Prabhakar, S/o Dharpally Pothanna, Aged 44 years, Occ: Agriculture, Rl/o H.No.2-68/E, Thirmanpally village of lndalwai Mandal, Nizamabad district

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lmmadi Sailoo, S/o: lmmadi Sayanna, Aged 50 years, Occ: Agriculture, R:/o H.No.2-76, Thirmanpally village of lndalwai Mandal, Nizamabad district.

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Shetty Bheeresh, S/o Bairaiah, Aged 42 years, Occ Agriculture, Rl/o H.No.265/3, Thirmanpally village of lndalwai ltllandal, Nizamabad district.

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Shaik lmran, S/o Shaik Ahmed Hussain, Aged 35 years, Occ Agriculture, R/o H.No.2-6312, Thirmanpally village of lndalwai Mandal, Nizamabad district.

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f\rladam Mohan, S/o Madam Poshetty, Aged 45 years, Occ Agriculture, FJo H.No.1-33/A, Thirmanpally village of lndalwai Mandal, Nizamabad district.

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Annaram Srinivas, S/O Annaram Gangaram, Aged 38 years, Occ Agriculture, Fl/o l-E.No.2-6611H, Thirmanpally village of Indalwai Manda[, Nizamabad district

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...PETITIONERS

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AND

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1 The State of Telangana, Rep.by its Prl. secretary, Panchayat Raj and Rural Development, Secretariat Buildings, Hyderabad-

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2 Telangana State Election Commission, lst Floor, DTCP Building, A C Guards, Hyderabad Rep.by its Commissioner.

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The District Election Officer and Collector, Nizamabad District.

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The Assistant Election Officer and [V'landal Development Officer, lndalwai Mandal, Nizamabad District

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The Returning Officer, Thirmanpally Grampanchayat Election, lndalwai Mandal, Nizamabad District.

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..RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

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pleased to issue a writ, order or direction more particularly one in the nature of Writ of mandamus to declare the action of the Respondents authorities in not considering the representation made by the petitioners Dt.03.01.2026 for furnishing Form No.XXV| (Declaration by Voter for postal Ballot) and Form No.XXVll (Postal Ballot Paper) with regard to the recently concluded Sarpanch Elections dated 14.12.2025 to the Grampanchayat, Thirmanpally village of lndalwai /andla, Nizamabad district and also not considering the earlier representations of the petitioners dated 16.12.2025 and 17.12.2025 with regard to the grievance of the petitioners in respect of the serious lapses occurred at the time of counting procedure as illegal, arbitrary and void and also violation ofprinciples of natural^justice under article 14 and 21 of Constitution of lndia and consequently direct the respondent No.4 authority to consider the representation of the petitioners dated 03.01 .2026 with regard to furnishing of Form No.XXVI (Declaration by Voter for postal Ballot) and Form No.XXVIl (Postal Ballot Paper) to the petitioners.

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lA NO: 1 OF 2026

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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 4th Respondent to immediately act upon the representation made to her by the petitioners dated 03.01 .2026 for furnishing Form No.XXVl pending disposal of the above writ petition

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Counsel for the Petitioners: SRI USAKOYEELA CHANDRASHEKAR

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Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.2 to 4: SRI P. SUDHEER RAO, SC FOR SEC The Court made the following: ORDER

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t I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.5O4 OF 2026 DATE: 08.01.2o26

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Between:

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Dharpally Prabhakar and 5 others

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...Petitioners

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AND

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The State of Telangala & 4 others

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...Respondents

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ORDER:

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This writ petition is filed challenging the action of the respondent authorities in not considering the representation dated 03.Ol .2026 submitted bv the petitioners, seeking furnishing of Form No.XXVI (Declaration by voter for postal Ballot) and Form No.XXVII (Postal Ba1lot Paper) with regard to the recently concluded Sarpanch Elections dated 14. 12.2025.

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When the matter is taken up for hearing, learned counsel for the petitioners had submitted that the petitioners are not seeking a declaration by voters for postal ballots, but are is seeking only the furnishing of Forms XXVI and XXVII to enable them to raise an election dispute. In support of his submissions, he placed

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reliance on the order passed by this Court in W. P. No.39686 of 2025 dated 24.12,20525

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Heard learned Government Pleader for Panchayat Raj and Rural Developnlent ancl the learned Standing Counsel for Election Commission

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Upon perusal of the order passed in W.P.No.396B6 ol 2025 dated 24.12.2A5'25, this Court observed that in the said case, the Writ Petition uas disposed of by permitting the petitioner therein to submit a representation and directing the respondent authorities therein to take a decision on the said representation in accordance nith law.

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[n viet of the above, a similar direction is issued in the present CASC by permitting the petitioners to submit a representation to the respondent authorities and on receipt of such representations, respondent No.3 shall take a decision in accordance with 1av/. There shall be no order as to costs.

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Miscellar-reous petitions, if any, pending in this Writ Petition, shall stald closed

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SD/-C. DEEPIKA SISTANT REGIS ,TRUE COPY// SECTION OFFICER

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To, 1 The Prl secft)tary, Panchayat Raj and Rural Deve pment, Secreta riat tsurldings. The State of Telangani, Hyderabad.

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