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High Court for State of TelanganaWP/1768/2021dismissed as infructuous

Battula Balakrishna v. The State Of Telangana And 2 Others

2023-12-18K. Sarath5 pages

[ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 1768 OF 2021 Between:

Battula Balakrishna, Sio. Narsaiah, Aged 31 years, Occ. Agriculture, Rl/o. 2-90, Temple Street, Avanthipuram Post, Miryalaguda [\rlandalam, Alagadapa, Nalgonda District.

...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Panchayati Raj Department, Secretariat, Hyderabad.

The Telangana State Election Commission, Rep. by its Secretary, 1st Floor, DTCP Bhavan, Opp. PTI Bhavan, A.C. Guards, Hyderabad. The Mandal Parishad Development Officer, Miryalaguda Mandalam, Nalgonda District.

...RESPONDENTS Petition under Article 226 of Ihe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS holding the action of the Respondents herein more particularly Respondent No.2 in issuing the impugned order vide - proceedings No.2995/TSEC-PR:/Miryalagudem/GPs/ 2019(22), dt. 0311O1202o, as illegal, arbitrary, unjust and in violation of principles of natural justice and to consequently direct the Respondents herein to consider Petitioner's representation dl. 1610112020 in the interest of justice.

lA NO: 1 OF 2021 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 stay all further proceedings pursuant to order No.2ggsiTSECPR/Miryalagudem/GPs/ 2019(22), dI. O3l1Ol202O, declaring that Petitioner is ineligible to participate in the elections for a period of 3 years and further declared to cease to hold office for the elected post as Ward Member without considering the Petitioner's representation dt. 1610112020 made to Respondent No.3 herein, in the interest of justice, pending disposal of the writ petition. Counsel for the Petition'er: SRI RAPOLU BHASKAR Counsel forthe Respondent No.1: GP FOR PANCHAYAT RAJ Counsel forthe Respondent No.2: SRI P.SUDHEER RAO Counsel for the Respondent No.3: SRI G.NARENDER REDDY, SC FOR GRAM PANCHAYAT The Court made the following: ORDER

THE HON'BLE SRI JUSTTCE K.SARATH WRIT PETITION No.1768 of 2O2l ORDER:

Heard.

I I

2. This Writ Petition is filed questioning the impugned Order dated O3.LO.2O2O passed by the respondent No.2 declaring the petitioner to be ineligible for a period of three years from the date of order to contest in any elections to be held in any office under Section 23 of Telangana Panchayath Raj Act,2O18 and as per Rule 106 (3) and 106

(7) of the Telangana Panchayath Raj (Conduct of Election) Rule, 2018.

3.

As the above said period was elapsed, the cause in the Writ Petition does not survive and the Writ Petition has become infructuous.

4.

Accordingly, this Writ Petition is dismissed as infructuous. No order as to costs.

5. As sequel to it, Miscellaneous Petitions pending, if anJ, _ shall stand closed.

SD/. MOHD. ISMAIL ASSISTANT IS R //TRUE COPY// ri SECTIO OFFICER To,

1. One CC to SRI RAPOLU BHASKAR, Advocate [OPUC]

2. One CC to SRI P.SUDHEER RAO, Advocate tOpUCI

3. One CC to loPUCl SRI G,NARENDER REDDY, SC FOR GRAM PANCHAYAT Two CCs to GP' FOR PANCHAYAT RAJ, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies BSR GJ

HIGH COURT 'lI DATED: 1811212023 I BliAt€ 'Or r'1r 1$!

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ORDER

WP.No.1768 ot 2021 DISMISSING THE WRIT PETITION AS INFRUCTUOUS, WITHOUT COSTS @qreD G*-