Mallanolla Vijaya Lakshmi v. The State Of Telagana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1131 of 2019 ORDER:

The grievance of the petitioner in this case is that the election authorities are not acting upon his representation dated 17.01.2019, whereunder she asserted that the eighth respondent stood disqualified to contest in the election for the post of Sarpanch, Balreddyguda Gram Panchayat, Mominpet Mandal, Vikarabad District. It may be noted that the election to the subject Gram Panchayat is scheduled to be held on 25.01.2019 and scrutiny of the nominations was taken up by the Returning Officer on 14.02.2019. The scrutiny was to continue up to 5.00 PM and the list of validly nominated candidates was to be published on 14.01.2019 after 5.00 PM.

Any objections raised as to the nomination papers filed by the candidates would be examined by the Returning Officer under Rule 11(2) of the Telangana Panchayat Raj (Conduct of Elections) Rules, 2018, at the time of scrutiny of the nomination. Therefore, the petitioner necessarily had to raise her objections before 5.00 PM on 14.01.2019 but she admittedly did so only on 17.01.2019. The petitioner therefore cannot seek consideration of her representation with regard to the alleged disqualification suffered by the eighth respondent at this belated stage.

The writ petition is accordingly dismissed on this short ground. This order shall however not preclude the petitioner from invoking appropriate remedies available to her in accordance with law in the event the eighth respondent is elected.

Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR Date:23.01.2019 PGS