Gadepaka Saidamma v. The State Of Telangana

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.3065 OF 2019 O R D E R:

The grievance of the petitioners is that the 6th respondent herein, who has been elected as the 2nd Ward Member of Chalmeda Gram Panchayat, Chalmeda Village, Munugodu Mandal, Nalgonda District, suffers disqualification under Section 21(3) of the Telangana Panchayat Raj Act, 2018 (for short 'the Act of 2018'), as all her three children were born after 31.05.1995. Their further grievance is that the 6th respondent is about to participate in the election to the post of Upa-Sarpanch of Chalmeda Gram Panchayat, which is scheduled to be held on 18.02.2019, though she is disqualified to even continue as a Member of the Gram Panchayat.

The petitioners are provided an efficacious alternative remedy under Section 27 of the Act of 2018 in relation to the subject grievance. Without adhering to the procedure prescribed therein, it is not open to the petitioners to directly approach this Court by way of a Writ Petition.

The Writ Petition is accordingly dismissed leaving it open to the petitioners to take recourse to statutory remedies available to them in law in accordance with the due procedure. Pending Miscellaneous Petitions, if any, shall also stand dismissed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 15th February, 2019 Kvsn